Terms & Conditions

By accessing the IVONMUSIC.COM website you declare that USE OF THE SITE and SERVICES implies acceptance of THIS AGREEMENT and your willingness to be BOUND TO THESE TERMS AND CONDITIONS.

Intellectual property rights

IVONMUSIC.COM, is a registered brand. The website, the applications and its founder are the only licensees of the above brand.
It is forbidden to use them, copy them, reproduce them, distribute them, transmit them, display them, sell them, supply them under license or otherwise make use of them for any other purpose without first obtaining written permission fromIVONMUSIC.COM and/or the respective owners.
In particular, it is forbidden to copy, reproduce, republish, upload, send, display or transmit in public, even where only in streaming mode, any part of the website or any material.
The registered brands and logos created by IVONMUSIC.COM shall not be used in conjunction with any product or service for which IVONMUSIC.COM has not provided a regular user license.
Any use that may create confusion between users or users and third parties is forbidden. Improper use of the registered brand is forbidden.
Users shall only use the website and its content for personal non-commercial purposes.
The user shall only upload onto IVONMUSIC.COM servers material that is free from copyright or material for which he/she declares that he/she has fully complied with any responsibilities that derive from or are referable to current laws governing intellectual property rights.
Where audio material has been created and/or owned by the user, the latter shall, by adhering to this agreement, grant IVONMUSIC.COM the right to use it freely and unconditionally.
Registering on the website does not grant the user any waiver rights vis-à-vis copyright laws in force that the user hereby states he/she is fully aware of and subjectively responsible for; the user declares, as of this moment, that he/she releases IVONMUSIC.COM from any damages or liability that may be caused to the user himself/herself and/or third parties by use of the above material.
IVONMUSIC.COM also reserves the right to modify the website by eliminating or interrupting the service in toto without any obligation to guarantee maintenance of the content contained therein.
Service costs and access fees may vary without prior notice or any prior authorisation on the part of the final user. By using the website after such modifications have been applied the user tacitly accepts such modifications.

User account

To use some of the website functions it is necessary to create an account and provide personal information.
IVONMUSIC.COM users provide their true names and true information and we invite everyone to act accordingly.
It is also possible to import the account information from another social network in order to make the IvonMusic registration process easier and faster.
By choosing such options the user exonerates IVONMUSIC.COM from any liability vis-à-vis the personal information source website.
The user shall ensure his/her account password remains confidential.
The user shall also be responsible for all activities carried out through his/her account. The user shall inform IVONMUSIC.COM immediately in the event of any unauthorised use of his/her account.
We reserve the right to close the account at any time and for any reason, even where there has been no breach of contract.
When creating an account we ask that you provide complete, accurate information as this reinforces the credibility of the individual user and of IVONMUSIC.COM in general. The user shall not pretend to be someone else, create an account on behalf of others or exploit the personal information of third parties. It is forbidden to provide an e-mail other than one’s own or create multiple accounts.

Registration

when registering the user shall:
  1. Not provide false personal information on IVONMUSIC.COM nor create an account on behalf of another person without authorisation.
  2. Not create more than one personal profile.
  3. Not create another account without our permission if the original account is disabled.
  4. Not use his/her personal profile to make business profits.
  5. Not use IVONMUSIC.COM if he/she has not reached the age of 13 (thirteen) years.
  6. Not use IVONMUSIC.COM if he/she has been accused of sex crimes.
  7. Make sure that his/her contact information is always correct and fully updated.
  8. Not share his/her password nor allow others to access his/her account or do anything else that might compromise the security of his/her account.
  9. Not transfer his/her account to a third party without first obtaining our written permission to do so.
  10. If the user selects a username for his/her account, IVONMUSIC.COM reserves the right to remove it or claim it where it deems such action appropriate.

Registration grants the user the right to use space for the purposes of storing his/her audio files.
In the future any expansion of the available on-server space may be subject to payment of one-off or periodic payments depending on the user’s specific needs.
Payment of the charge shall take the form of a rental fee for the available space and does not in any way alter or involve ownership of the same, which shall always remain the property of IVONMUSIC.COM.
By registering the user accepts that he/she must provide updated information regarding his/her personal details; if he/she fails to do so IVONMUSIC.COM reserves the right to deny the registration agreement.
IVONMUSIC.COM requires that the user enter his/her e-mail address, name, surname and his/her choice of username and password.

IVONMUSIC.COM shall not allow the use of any e-mail address not belonging to the user or having a corporate dominion.
The user shall be responsible for the confidentiality and use of his/her e-mail address, username and assigned password. By signing this agreement the user agrees not to provide, disclose, transfer, sell, or exchange his/her username and/or password with other website users or extraneous third parties.
Should the user have reason to believe that his/her account has been hacked/tampered with he/she shall immediately inform IVONMUSIC.COM, who shall change the username and password to prevent utilisation of the previous ones.
Once registration has been successfully completed the user shall be fully responsible for maintaining the confidentiality of the e-mail address, username and password provided at the time of registration and, therefore, for any undue activity (licit or illicit) on the part of the user or by third parties through use of the above username and password.

IVONMUSIC.COM does not in any way guarantee the accuracy or completeness of content nor in any way assume liability for any losses that may derive from any event or operation traceable to the user himself/herself.

Website Content

The Website may also include materials that belong to third parties, published on the website under license, permit or some other form of preventive agreement between the third party and IVONMUSIC.COM. In any case the user shall always guarantee the licit origin of his/her files. At the time of inserting each individual file the user declares himself/herself responsible for any associated violation of copyright. He/she declares to be the direct copyright holder or to have legally purchased the user’s license.

Website content cannot be checked by IVONMUSIC.COM and the latter shall not therefore issue any statement concerning the accuracy or completeness of content nor in any way assume liability for any losses that may derive from any event or operation traceable to the user himself/herself. Any non-factual statements constitute opinions only, which are subject to modification without prior notice.

Via the website it is possible to upload audio files of user-verified and user-guaranteed origin; by uploading them onto the IVONMUSIC.COM servers users guarantee regularity with respect to copyright obligations.
IVONMUSIC.COM reserves the right to modify, suspend or interrupt any aspect of the Service at any time, including but not limited to, the nature of the services provided, databases, hours of availability and the software necessary for access or use. IVONMUSIC.COM reserves the right to allow or limit, at its sole discretion, access to the services and the website to any user.

The user acknowledges that, by uploading music or any other material referable to it that he/she is exclusively responsible for any violation of copyright. Each user, in fact, has sole liability for the materials contained in his/her account with respect to which he declares his/her objective responsibility. IVONMUSIC.COM, in fact, is unable to guarantee that content uploaded onto its servers by registered users complies with the copyright legislation in force.

To this end, should the relevant authorities so request, IVONMUSIC.COM reserves the right to provide all the information needed to verify the nature and/or origin of the content that users have uploaded onto its servers. Should any irregular, incorrect or improper use of its own materials or those of third parties be observed IVONMUSIC.COM reserves the right to remove such content and/or temporarily block use of the website including, in the most serious cases, definitive suspension of the relevant account.

In uploading his/her audio files using the IVONMUSIC.COM storage function the user guarantees that they comply with laws and standards regarding copyright and any other third party’s intellectual property rights.
In uploading files of which he/she is the direct copyright holder the user implicitly grants IVONMUSIC.COM a permanent, irrevocable, free user license without territorial limits and transferable to third parties concerning author’s rights, publishing rights and database rights held by the user in any format, present or future. IVONMUSIC.COM complies with intellectual property rights and expects users to do likewise.
Copyright holders who have reason to believe their rights have been breached can contact IVONMUSIC.COM at any time: if these reasons prove to be sound IVONMUSIC.COM shall immediately remove such content or block access to it by registered users, therefore inhibiting its divulgation and/or use by anyone. In any event users are forbidden, even for non non-profit-making purposes, from importing or copying any type of file for which they have not legally acquired a user license.

Each IVONMUSIC.com user can publicise files uploaded on his/her account within the community. This information can be shared with the entire community (via a public account profile) or with specific subjects selected via one’s account. All account content is automatically made available to other IvonMusic users following registration.
Since 3 sharing options are available, the user accepts and acknowledges that IvonMusic cannot be held liable nor be obliged to monitor or communicate any non-conformities relative to the lawfulness of the material in an individual user’s possession or the possibility of being able to share it or not with other users.

It is necessary to be aware that files may be protected by intellectual property rights.
IvonMusic condemns product piracy and promotes consumer rights.

All rights, claims and interests relative to the content of the website and the services are and shall remain the exclusive property of IvonMusic and its licensees, all intellectual property rights included. Website, content and services are protected by copyright.
It is forbidden for users to copy or modify the HTML code or other products used to generate the website pages.

Regulations

In using IVONMUSIC.COM the user shall:

Forbidden practices

The user shall not do any of the following when using the website, content, files or services:
use the Website to threaten, pester, defraud, incite or harass another persons or in any other way interfere with utilisation of the site by another user; use the Website to send or transmit spam, chain letters, information on contests, undesired mail, pyramid schemes, surveys or any other mass messaging, whether of a commercial nature or otherwise; use the Website for promotional or commercial reasons, except for that expressly stated in writing by IvonMusic; use the Website for spamming with keywords or to attempt to alter natural search results; use the Website to promote discrimination against protected categories; use the Website to violate third parties’ rights, including infringement of confidentiality, copyright, brands, patents, confidential corporate information, moral rights, privacy rights, right of publicity or any other intellectual property or right of ownership; use the Website to send or transmit pornographic material or illegal content; use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors; use the Website in breach of the Terms of Service or any applicable law; to divide or dismantle any part of the Website; to remove or modify any copyright, brand or other property right; use any robot, spider or other automatic spam creation device or any other means for accessing or recovering, or an index of the Website or any website content; access, recover or index the Website; re-format any part of the Website; to undertake actions that impose or may impose, at our sole discretion, unreasonable or disproportionate loads on IvonMusic’s technological infrastructure; attempt to obtain unauthorised access to the Website, user account, computer systems pr Website-connected networks via hacking, passwords or other means; use the Website or its content to transmit any virus, worm, bug, Trojan or other element of a destructive nature (collectively referred to as "Viruses"), use devices, software or routines that interfere with proper operation of the Website.

Third party content

IVONMUSIC.COM cannot be held liable for products or services publicised or offered by third parties via or directly within the IVONMUSIC.COM website. IVONMUSIC.COM cannot be held liable in any way for links to websites or banners or other forms of publicity on the pages of ivonmusic.com IVONMUSIC.COM, at its sole discretion, reserves the right to remove or restore content uploaded each time by the user. We reserve the right, at our sole discretion, to modify, upgrade or close the website at any time, for any reason and without any prior warning or liability.

In the event of merger, sale or liquidation

Should IVONMUSIC.COM be taken over or merge with a third party, we reserve the right, in any of the following circumstances, to transfer or assign the information gathered by our users as part of said merger, takeover or sale. In the improbable event of insolvency, reorganisation, liquidation or allotment to the advantage of creditors, the way in which personal information is managed, transferred or used may be beyond our control. The information that may be divulged to third parties by IVONMUSIC.COM concerns: • information that allows personal identification of the user and information that does not allow personal identification of the user to associated companies, affiliates or other companies or persons for data processing purposes. IVONMUSIC.COM requests that the assignee of the information process it in compliance with the privacy laws in force. • information that allows personal identification of the user and/or information that does not allow personal identification of the user where required by law, or where we believe such action to be necessary to comply with state or federal law (i.e. American copyright law) or in response to a court order, summons or mandate. • information that allows personal identification of the user and/or information that does not allow personal identification of the user needed to apply our terms of use, to adopt precautions regarding liability, to investigate and defend IVONMUSIC.COM against claims or accusations by third parties, to comply with the orders of judicial authorities, to protect the security or integrity of the website and to protect the rights, property and personal safety of IVONMUSIC.COM users. • information that allows personal identification of the user (such as name and email address) shall not be passed to third parties interested in this information exclusively for commercial or marketing purposes without your explicit consent.

Indemnity agreement

Acceptance of this agreement means that you shall exonerate IVONMUSIC.COM and its employees, managers, agents and any referable company from demands or damage claims from third parties that might derive from violation of even just one of the conditions in this agreement, legal obligations or third parties’ rights. The user agrees to compensate and indemnify IVONMUSIC.COM for any claims or demands, legal fees included, advanced by third parties as a result of violation of this agreement or the violation of any law or third party’s rights.

Privacy

What information do we gather? IVONMUSIC.COM gathers two types of information as users surf the website. Firstly, it gathers non-personal data. During surfing information indicating which web pages have been visited, the order in which they have been visited and which links have been "clicked" is gathered. The gathering of such information involves recording IP addresses, operating systems and browsers used by each visitor to the website. The user understands that while such information is not personal in nature it is always possible to determine - given a visitor’s IP address - the Internet Service Provider used and the geographical location of the visitor’s access point. We also use "cookies" and other tracking technology to gather personal and non-personal data. Cookies are alphanumerical identifiers that are transferred onto the hard drive of your computer via the web browser. They can be removed at any time via the “delete cookies” function on your browser. Cookies allow us to recognise the users’ browsers when they surf our website. This monitoring allows us to personalise web page content when you visit our website the next time, thus allowing you to access it faster and save time. To make full use of all website functions your browser must be set to accept cookies. Secondly, it gathers strictly personal information such as name, email address, residential address, telephone number and, in the future, the credit card number, products and content purchased, consulted and/or downloaded via our products and services. By registering you consent to such information being stored and processed by IVONMUSIC.COM You can delete your IVONMUSIC.COM profile at any time simply by forwarding the request via the "delete me from ivonmusic" key on the personal control panel. IVONMUSIC.COM shall immediately remove your profile and all the personal information associated with it (including audio files, photos, comments, links, messages sent and received and friend requests sent and received). Your profile and the relative information shall no longer be available to other users but IVONMUSIC.COM may retain such information until the next website update backup. IvonMusic also uses a client application installed on your PC to explore and find tracks on the computer so they can be reproduced and uploaded by other devices on our server. The client is automatically upgraded when a new version is released. In order to improve the IvonMusic application we can automatically collect and run the client crash debug if the client detects an error on the computer. These are sent to us automatically so we can assess and correct bugs by providing new software versions that incorporate the correction.

Inviting friends

You can invite your fiends to register on the website by providing then with contact information or by entering your log-in credentials to import address books from other sites. We can save and use your friends’ contact information to invite them to join and connect up with you on the website. If a user decides to upload his/her contacts, he/she accepts that an invitation will be sent in his/her name to the email addresses of the selected contacts. IvonMusic saves the names and email addresses of such contacts for the sole purpose of associating them with the user who requested that the invitation be sent. IvonMusic shall neither sell nor use this information for purposes other than sending out invitations. Services provided by third parties These allow access to third party services such as Facebook and Twitter so that you can share your selected public content with those services and also share the import information on who’s connected so you can communicate with them on the website. This option can be deactivated at any time via your IvonMusic account page.

Administration

We may use all the information in our possession for routine administrative purposes (e.g. monitoring improper use) to investigate the Website, to respond to users’ requests and to ensure application of and compliance with Terms of Service. Online surveys IVONMUSIC.COM proposes online surveys on website content. We may ask you for demographic information or personal opinions. During a survey no personal data of any nature shall be requested. The data shall only be used for the purposes of enhancing our understanding of all users’ needs. Investigation We reserve the right to investigate misuses committed via the website and ensure application of and compliance with the Terms of service. We may provide the relevant authorities with your details if there is a well-grounded belief that doing so is necessary to impede suspected illegalities, to apply or enforce our Terms of Service and Communication or to comply with legal procedures. IvonMusic Uploader licensing agreement for the final user This download is free. Before proceeding with installation and use of the software, you must read and accept this licensing agreement. If the user is a person, he/she must be of age or have the consent of his/her parents and the owner of the PC. If the software is acquired on behalf of a company, the user must have sufficient power of representation to enter into this contact in its name. To accept the agreement click on the “Accept” key (or equivalent) below.

Purpose and technical requisites

IvonMusic Uploader is an executable program that allows certain files to be uploaded by the client to a cloud server. Running the IvonMusic Uploader expressly involves acceptance all the clauses and conditions stated in this document, as well as an understanding of IvonMusic Uploader and personal responsibility for its execution. IvonMusic reserves the right to upgrade and modify both the Software License and the relevant documents occasionally. The software units starts installation of the downloaded software products. The software unit self-installs on the user’s computer and the user will thus find the application downloaded, installed and displayed on his/her desktop. The IvonMusic Uploader application will create a folder in which all the user’s audio files can be placed. The application automatically synchronises the audio files in the desktop folder with those on the user’s ivonmusic.com profile. The desktop folder will be automatically updated every time tracks are uploaded directly from your web-connected ivonmusic.com account.

Intellectual property rights

The intellectual property rights of IvonMusic Uploader belong exclusively to IvonMusic.Com and its founder. The trademark, the intellectual property rights and distribution rights of the IvonMusic Uploader program are owned exclusively by IvonMusic. Intellectual property rights include the "look and feel" of the IvonMusic Uploader software. This contract constitutes an agreement to use the IvonMusic Uploader and does not involve, under any circumstances, any acquisition of property rights over the program. The user shall not, for any reason, modify, re-engineer, dismantle or decompile the IvonMusic Uploader, present and future technology included. Failure to comply with any clause or condition of this Licensing agreement shall be deemed breach of contract.

Warranty and liability

IvonMusic Uploader must be used in compliance with the clauses and conditions of this document. IvonMusic cannot be held liable for any damages caused by using IvonMusic Uploader in any way other than that provided for in this software license. The user exonerates IvonMusic from any liability deriving from the operation and/or installation of IvonMusic Uploader, including possibility of conflict with other applications (installed previously or subsequently) or incompatibility between the program and other software and/or hardware on the machine. IvonMusic guarantees that the IvonMusic Uploader is neither "Spyware" nor "Adware". Moreover, IvonMusic guarantees that IvonMusic Uploader does not open pop-ups or collect any personal data from the user. IvonMusic does not guarantee the availability, continuity or infallibility of IvonMusic Uploader. Consequently, this warranty excludes, in compliance with law, any liability for damages caused by unavailability or discontinuity of operation of the IvonMusic Uploader and the services it offers. IvonMusic cannot be held liable for any damages caused by force majeure or accidental circumstances. Moreover, IvonMusic cannot be held liable for any damages caused by processes beyond its control such as viruses or interference by third parties. IvonMusic cannot be held liable for intellectual property rights, distribution rights, completeness, quality or execution of the files uploaded via IvonMusic Uploader. The user hereby declares that he/she understands that IvonMusic cannot in any way enter into relations with uploaded audio file owners. The user exonerates IvonMusic from liability concerning complaints relating to the use or possession of products uploaded via IvonMusic Uploader. Complaints may, for example, relate to slander, violation of publicity rights or data protection, violation of intellectual property rights, violation of brand rights or any other complaint regarding the content, quality or operation of this software.

Duration

This contract comes into force as soon as it is accepted by the user. IvonMusic reserves the right to limit, suspend or terminate it at its sole discretion, in whole or in part, at any time and for any reason, without prior warning or liability. This contract and, therefore, the License, shall be rescinded should the user fail to comply with the terms and conditions in this document. In the event of termination of this contract the user shall immediately remove any copy of IvonMusic Uploader in his/her possession.

Use of location devices

IvonMusic uses cookies and IP location systems. The IvonMusic Uploader software and the IvonMusic website traffic analyser use cookies and IP locators to gather data for statistical purposes, such as: date of first visit, number of visits, date of last visit, the URL and dominion, browser type and screen resolution. The user can deactivate and/or delete cookies freely as per the instructions on his/her Internet browser.

Copyright

Copyright IVONMUSIC 2013. All rights reserved. All texts, photos and graphics on this website are protected by copyright. The website, the applications and its founder are the only licensees of the above brand. Printing permitted for private purposes only. For any other use authorisation must be obtained from IVONMUSIC.COM. When a user enters data that he/she intends to be visible to the public, including but not necessarily limited to text, photos, images, drawings, profile graphics, comment entry, descriptions of photos etc., the user guarantees IVONMUSIC.COM an unlimited license for the use, distribution, processing, treatment, translation or modification of such data.