Terms of Service
These FreeMusicPictures.Info. Terms of Service comprise a legal agreement between you and FreeMusicPictures.Info. (“FreeMusicPictures.Info.”) and governs your use of the FreeMusicPictures.Info. services. BY SUBSCRIBING TO AND/OR USING A FreeMusicPictures.Info SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MAY BE MODIFIED FROM TIME TO TIME BY FreeMusicPictures.Info IN ITS SOLE DISCRETION. If you do not agree to these Terms of Service do not subscribe to or use the FreeMusicPictures.Info services.
FreeMusicPictures.Info is comprised of Internet Web sites and Web pages operated by FreeMusicPictures.Info. and its affiliates and of various products and services which are provided by FreeMusicPictures.Info., its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as “FreeMusicPictures.Info” or the “FreeMusicPictures.Info System.” “You” means You, Your company, Your employees, and anyone who has access to use Your FreeMusicPictures.Info; account. You must be at least eighteen (18) years of age to subscribe to and use any FreeMusicPictures.Info service or product.
The FreeMusicPictures.Info System is offered to You on the condition that You accept these Terms of Service. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines found throughout the FreeMusicPictures.Info System and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. FreeMusicPictures.Info. reserves the right to change any of the Terms of Service at anytime without notice. If You continue to use the FreeMusicPictures.Info System after any such changes, Your continued use will constitute Your consent to such changes. FreeMusicPictures.Info. does not and will not assume any obligation to notify You of any changes to the Terms of Service.
Any rights not expressly granted herein are reserved by FreeMusicPictures.Info. In addition Your registration information and other information about You is subject to our Privacy Statement located here
I) YOUR WARRANTIES
By subscribing to any service offered on the FreeMusicPictures.Info site, You make the following representations and warranties. FreeMusicPictures.Info. shall have the right to terminate your FreeMusicPictures.Info account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
• You and all users of the FreeMusicPictures.Info System approved by you are at least eighteen (18) years of age;
• You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) to subscribe to and use the FreeMusicPictures.Info service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, you are authorized to bind Your company;
• You will not use the FreeMusicPictures.Info System for any purpose that is unlawful, or prohibited by these Terms of Service; All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
• Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; and you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulation; and
• You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site using FreeMusicPictures.Info.
By using the FreeMusicPictures.Info System, You agree that You will defend and indemnify FreeMusicPictures.Info. , its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.
II) LIMITATIONS ON YOUR USE OF THE FreeMusicPictures.Info SYSTEM
The FreeMusicPictures.Info System is provided to assist You with the operation of Your business. Your right to use the FreeMusicPictures.Info System is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your FreeMusicPictures.Info account. FreeMusicPictures.Info. reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service. FreeMusicPictures.Info. reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the FreeMusicPictures.Info System, except as expressly provided herein.
You may not use a trade name or other descriptive term in connection with operating Your Web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user’s rights to use the FreeMusicPictures.Info System.
You may not interfere with or disrupt the FreeMusicPictures.Info System, FreeMusicPictures.Info’s or its service providers’ servers or any network connected to FreeMusicPictures.Info.
You may not use the FreeMusicPictures.Info System or the products or services provided through or in connection with the FreeMusicPictures.Info System to:
• rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
• defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
• conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns
• sell or distribute distribution lists, containing any personal information, including, without limitation, email addresses, home or work addresses, phone numbers, or any other identifying information whatsoever without the express contractual rights to provide such information;
• harm minors in any way;
• publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
• sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any FreeMusicPictures.Info services or Your Web site would cause FreeMusicPictures.Info. to violate any law, statute or regulation; or any other illegal activity;
• harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• violate any applicable government laws, rules or regulations.
The information provided by FreeMusicPictures.Info. to You is proprietary in nature. You agree not to share any information provided to You by or on behalf of FreeMusicPictures.Info. with any third party.
Some products and services available through or in connection with FreeMusicPictures.Info require that You purchase a subscription or otherwise pay a fee. Furthermore FreeMusicPicutures.Info allow You to make volontary donations to support us and our services to the community, throught out Moneybookers and Paypal secure gataway. You hereby authorize FreeMusicPictures.Info to charge Your credit card or Your Moneybookers or Paypal account in advance for all donations and applicable fees incurred by You or on Your behalf in connection with Your use of the FreeMusicPictures.Info product or service that You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your FreeMusicPictures.Info account by you or anyone else using your account. FreeMusicPictures.Info. reserves the right to modify the fees charged for FreeMusicPictures.Info products and services from time to time at any moment and without notification to the users, provided that such new fees/prices will be visible in the FreeMusicPictures.Info website before any purchasing. Amounts not paid by You to FreeMusicPictures.Info. when due, will not allow you to use and get the services and products related to these unpaid amounts.
In the event that FreeMusicPictures.Info. terminates Your FreeMusicPictures.Info account or one or more of Your FreeMusicPictures.Info services for violation of these Terms of Service, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
IV) ROYALTY-FREE LICENSE – Concept Info
What Royalty-Free means is that you pay for any kind of file/artwork only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee (if any) and no other royalties to be paid except those included in the initial cost (if any). Note that the maximum number of copies for printed materials is unlimited.
The Royalty-Free license is granted ONLY for the high-resolution and high-quality, non-watermarked image, music and writings and any other kind of artwork files (the one that is bought using the download button, or via third parties platform, or received upon the partecipation of promotions, sweepstakes, giveaways, raffles); all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
The free files/artworks downloaded from the Free HD Downloads and FREE Sweepstakes section may be used in commercial projects under our Royalty-Free license and according to our terms and conditions. This is a one-person license and is given to you as a private, designer, your employer (client) or any employed persons.
IV.I) Royalty- Free License of use of Non-Watermarked Images and Restrictions
The high-resolution images, as stated above, that you download, win or buy under the Royalty Free license may be used, with no time, copies and media limits, to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, flyer, or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the artwork in a correct way please email support using the help form.
Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image, the music and writings in an essential manner, intended to be sold, are considered redistribution (if the file is used in an essential manner). The use of FreeMusicPictures.Info images for these purposes under the Royalty Free license is permitted only under a non commercial license (you can sale the product but your customer is only allowed to use it and not allowed to edit, resale, incorporate it in other projects). It is also forbidden to make the file/artwork available offline or on a website for download and for free (as wallpapers for example), although you may use the file/artwork in a concept in as many websites as you want, for any number of clients.
If you use the file/artwork for printed materials, the number of copies is unlimited. You may modify the file in any way required for reproduction, or include them in your own personal creations.
Buying the high-resolution file (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, sub-license, or in any way distribute the image for reuse. We recommend that you credit the agency, photographer, illustrator when you use an image by stating “image by Denis Giuffrè @FreeMusicPictures.info” and by linking it to “www.freemusicpictures.info” prominently in the project. By this you benefit the community at FreeMusicPictures.Info, of which you are an integral part, and help increase your success as part of the community, which, by growing contributions, gains quantity and quality.
IV.II) Royalty- Free License of use of Non-Watermarked Music and Restrictions
This is a non-exclusive, non-transferable, non-assignable, contract license agreement for the purchased of downloadable audio and/or physical products hereinafter referred to as “The Music”.
The FreeMusicPictures Music Library (collectively “The Music”) is copyrighted under Italy and International copyright laws. The Licensor, in the name of Denis Giuffrè, owns The Music and reserves all rights to The Music. The Music remains the sole and exclusive property of the Licensor. Use of The Music is licensed, not sold under the terms of this License Agreement.
(A) GRANT OF LICENSE
The Licensor grants The Licensee the “Royalty Free License”
(B) RIGHTS GRANTED
1. The Music may be used, edited, and/or incorporated according to the guidelines described herein into the following, but not limited to:- - videos - websites - television - radio - film - software - physical products - telephone on-hold - video games - podcasts - trade shows - audio books - mobile games and applications (e.g. iOS and Android apps) - online video sharing (e.g. YouTube). 2. The Royalty Free License permits unlimited users to use The Music. 3. The Royalty Free License permits The Music to be used worldwide.
4. The Licensor permits The Licensee to use The Music in online videos including, but not limited to, YouTube, Metacafe, Vimeo and company websites. The Licensee is not required to share advertising revenue with the Licensor related to these videos, where applicable. 5. The Royalty Free License permits The Music to be used as “in-store background music” and/or telephone “on-hold” background music in unlimited locations. 6. The Licensee, under the Royalty Free License, of High Quality audio format files (WAV, AIF, high bit rate MP3), is permitted to distribute unlimited copies of a physical or downloadable product and only with a non commercial license, including but not limited to DVDs, software, downloadable games and downloadable videos that incorporate The Music.
7. The Licensee may backup unlimited copies of The Music.
8. The Licensor requests, where technically and in accordance with customary industry practice – feasible although not required, the credit the Licensor by stating “Music by FreeMusicPictures” to appear adjacent to The Music or The Credits, where possible.
9. The Licensee may incorporate vocal singing and/or recordings of other musical instruments to The Music for commercial or non-commercial purposes, and the Licensee agrees to credit The Licensor prominently by stating “Music By FreeMusicPictures.info”.
10. The Licensor, the whole owner to the copyright of The Music, is not a member of any Performing Rights Organization and therefore the Licensee is not required to file “Cue Sheets” for broadcast usage.
11. The use of “free” or un-paid downloaded audio files by the Licensee requires that the Licensee credits the Licensor by stating “Music by Denis Giuffrè @FreeMusicPictures.info” prominently in the project.
12. The use of “free” or un-paid downloaded audio files by the Licensee requires that the Licensee provides a web link from the Licensee’s website, or place of published work, to the Licensor’s website at www.FreeMusicPictures.info. The link must state “Music by Denis Giuffrè @FreeMusicPictures.info”.
13. The term for the Royalty Free Licenses is unlimited years from the date of purchase/download.
1. The Music must not be sold, sub-licensed, shared, uploaded to websites, loaned, given, repackaged, reproduced, distributed, made into a competing product directly or indirectly, or any part of The Music transferred as a copy thereof, except in accordance with the permitted uses as stated herein.
2. Use of The Music for any purpose other than those included in this License Agreement must have prior written approval from The Licensor.
3. Music files available with standard audio quality (low and standard bitrate mp3), must not be distributed in any form (included ways indicated at point 1. of prohibitions
1. The Licensor and all of its officers, directors, employees, successors, distributors and anyone else in association shall not be held liable for any and all losses, damages, liabilities, claims, incidental damages, costs or expenses, including reasonable attorney’s fees, incurred directly or indirectly in connection with the use of The Music.
2. Any taxes are the responsibility of The Licensee which include any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the License granted to you, or your use of The Music.
3. The Licensor liability shall not exceed the value of the license fee/purchase amount.
4. All other rights not expressly granted to you are explicitly reserved solely for The Licensor.
5. The Licensee agrees to pay the agreed license fees with the understanding that no rights are granted until all payments are made in full. The Licensee shall be liable for all past due amounts, interests and costs of collection, including credit card company fees and attorneys’ fees. The license granted hereunder shall be of no force or take effect until such time as The Licensor receives full payment.
6. The Licensee permits The Licensor to use The Licensee’s name, company name, and/or company logo as a client reference.
7. This License Agreement shall, without prior notice from The Licensor, terminate immediately and be made void if The Licensor determines that The Licensee has failed to comply with any provision of this License Agreement; and/or if the Licensee fails to pay any licensee fees or makes a reverse charge.
8. All sales transactions are final, and no refunds will be entertained. If in any case payment is not fulfilled or cancelled, rights to use The Music are withheld and The Licensee at that point is prohibited from using The Music.
1. All writings and articles on this website are avaialbe for free consultation, sharing, commenting, suggestions and completely registred and copywrited. No copy, use, sales and distribution is allowed.
2. Any use of all writings and articles, rather then what stated at the point 1., is not allowed and must have a written permission of the copyright owner. We are glad to discuss and allow you other not mentioned use, after stating a written agreement between you and the writing/article’s owner. You must contact FreeMusicPictures.info to discuss and arrange this agreement (either a free or paid use is agreed)
V) Sensitive Subjects
Any license granted by FreeMusicPictures.Info shall not constitute a representation that a file/artwork is compatible for use with any other material. You are solely responsible for the use of any file/artwork in combination with any other material, and you agree not to use files/artworks with sensitive topics without FreeMusicPictures.Info’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the file/artwork. You must contact FreeMusicPictures.Info for additional information prior to any use of an Image with any sensitive topic.
Each photographer, writer, musician, composer, designer, that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the file/artwork and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. FreeMusicPictures.Info will not be held responsible for any of the materials you upload to the site.
VI) Model and Property Releases/Clearances
The rights FreeMusicPictures.Info grants you do not include a license to any person, place, property, or subject matter depicted in an artwork, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. FreeMusicPictures.Info makes no representations or warranties that it owns or licenses any rights nor does FreeMusicPictures.Info grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, FreeMusicPictures.Info makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by FreeMusicPictures.Info. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
In addition, a model release document must be uploaded by photographers, designer, musician, composer, members of FreeMusicPictures.Info’s community, confirming that the persons included in their Image have signed a written agreement. By uploading this document, the photographers certify that the information contained within is complete and accurate.
If an artwork is designated as model-released, it means that the person(s) included in the Image has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. If an artwork depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Under no circumstances, you cannot use an artwork with a person or more, in a context suggesting he/she or they are endorsing a subject that can be seen as sensitive. Any license granted by FreeMusicPictures.Info is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide FreeMusicPictures.Info with proof of such releases and permissions upon request.
VII) CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a FreeMusicPictures.Info service that You may not be entitled to a refund of all or part of amounts already paid by You for such FreeMusicPictures.Info subscription. You agree that (a) subscription rates and other fees will be posted on the FreeMusicPictures.Info Web site and may be changed from time to time by FreeMusicPictures.Info. in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.
VIII) CHANGES TO SERVICES, TERMINATION BY FreeMusicPictures.Info
FreeMusicPictures.Info. may change any of the FreeMusicPictures.Info services at any time from time to time without notice, including terminating the offering of any FreeMusicPictures.Info service altogether.
FreeMusicPictures.Info. may terminate Your account, Your access to FreeMusicPictures.Info or any of Your FreeMusicPictures.Info services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your FreeMusicPictures.Info services or from using the FreeMusicPictures.Info System or from receiving any products, services or benefits from FreeMusicPictures.Info, if FreeMusicPictures.Info. determines You have violated these Terms of Service, if You have failed to remit any applicable subscription or other fees when due, if any representation or warranty made by You is untrue in any respect or if FreeMusicPictures.Info. receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the FreeMusicPictures.Info System and there will be no refund of any fees prepaid by You. If You subscribe to a FreeMusicPictures.Info service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services may remain active as determined by FreeMusicPictures.Info. in its sole discretion, and (2) there will be no refund (in whole or in part) of Your annual fee for the FreeMusicPictures.Info service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
IX) LINKS TO THIRD PARTY SITES
Links within the FreeMusicPictures.Info System may let You leave the FreeMusicPictures.Info System. You acknowledge that the linked sites are not under the control of FreeMusicPictures.Info. and that FreeMusicPictures.Info. is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. FreeMusicPictures.Info. is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by FreeMusicPictures.Info. of the linked site or any association with their operators.
X) LICENSE YOU GRANT TO FreeMusicPictures.Info
FreeMusicPictures.Info. does not claim ownership of the materials You provide to FreeMusicPictures.Info. (including feedback and suggestions) or that which You post, upload, input or submit in connection with Your use of FreeMusicPictures.Info or any Web site (“Your Web Site”) created by You or on Your behalf in connection with the use of FreeMusicPictures.Info (collectively “Submissions”). However, You grant FreeMusicPictures.Info. a royalty-free, fully paid up, worldwide license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission) Your Submission only in connection with the operation and promotion of FreeMusicPictures.Info. You also grant FreeMusicPictures.Info. the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to FreeMusicPictures.Info.’s or its sublicense’s use of the materials as licensed above.
FreeMusicPictures.Info. is under no obligation to post or use any materials You may provide, and may remove such materials at any time in FreeMusicPictures.Info.’s sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the FreeMusicPictures.Info System, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant FreeMusicPictures.Info. the license set forth above, and You will defend and indemnify FreeMusicPictures.Info. and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. You grant FreeMusicPictures.Info. permission to use screen shots of any Web page that contains a link to FreeMusicPictures.Info or FreeMusicPictures.Info HTML in FreeMusicPictures.Info promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
XI) SOFTWARE AVAILABLE ON THE FreeMusicPictures.Info SYSTEM
Software (if any) that is made available to download from or otherwise use through the FreeMusicPictures.Info System, excluding software that may be made available by third parties via FreeMusicPictures.Info, (“Software”) is the copyrighted work of FreeMusicPictures.Info. and/or its licensors, suppliers, or service providers. Your use of the Software is governed by these Terms of Service, and the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). To the extent that the License Agreement conflicts with these Terms of Service, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the terms and conditions of the License Agreement. For any Software not accompanied by a license agreement, FreeMusicPictures.Info. hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular FreeMusicPictures.Info service in accordance with the these Terms of Service and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Italy. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Italy export restrictions.
XII) LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the FreeMusicPictures.Info System may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the FreeMusicPictures.Info System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of the FreeMusicPictures.Info System, and products and services of FreeMusicPictures.Info, is at Your own risk. FreeMusicPictures.Info. makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the FreeMusicPictures.Info System, or such products or services. Without limiting the foregoing, NEITHER FreeMusicPictures.Info., NOR ITS RESPECTIVE SUPPLIERS, NOR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE FreeMusicPictures.Info SYSTEM FOR ANY PURPOSE. BECAUSE OF THE POSSIBILITY OF HUMAN AND/OR MECHANICAL ERROR, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FreeMusicPictures.Info INC., ITS RESPECTIVE SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL FreeMusicPictures.Info, ITS SUPPLIERS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
• DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FreeMusicPictures.Info OR RELATED SERVICES, OR
• WITH THE DELAY OR INABILITY TO USE FreeMusicPictures.Info OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FreeMusicPictures.Info; OR
• OTHERWISE ARISING OUT OF THE USE OF FreeMusicPictures.Info, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FreeMusicPictures.Info., ANY OF ITS SUPPLIERS, OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FreeMusicPictures.Info, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FreeMusicPictures.Info SYSTEM AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, FreeMusicPictures.Info. is not responsible for any of Your data residing on FreeMusicPictures.Info , its hardware or systems, including such hardware or systems provided to FreeMusicPictures.Info. by third parties. You are solely responsible for maintaining and backing-up Your data and information that may reside on FreeMusicPictures.Info.’s hardware or systems, including such hardware or systems provided to FreeMusicPictures.Info. by third parties, whether or not such information is produced through the use of FreeMusicPictures.Infoluding any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the FreeMusicPictures.Info System. It is Your sole responsibility to take the necessary steps to ensure Your primary means of business is maintained. FreeMusicPictures.Info. will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the FreeMusicPictures.Info System, its services or products; (b) Your customers’ use of Your Web site or Your products and services hosted by or created through FreeMusicPictures.Info; (c) use of the FreeMusicPictures.Info System by any other party to whom You have given access to Your company information for use of the FreeMusicPictures.Info System; (d) errors, bugs, viruses, or other defects in the FreeMusicPictures.Info System; (e) lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on FreeMusicPictures.Info; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to FreeMusicPictures.Info.’s records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the FreeMusicPictures.Info System.
FreeMusicPictures.Info. is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your FreeMusicPictures.Info information, through the use of the FreeMusicPictures.Info System.
FreeMusicPictures.Info. is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the FreeMusicPictures.Info System. FreeMusicPictures.Info. is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through FreeMusicPictures.Info. FreeMusicPictures.Info. is not acting as Your or any third party’s agent in connection with the operation of FreeMusicPictures.Info. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because FreeMusicPictures.Info. is not involved in any orders or other transactions between You and other users of FreeMusicPictures.Info or other marketplace forums, FreeMusicPictures.Info. cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Your payments for orders or transactions conducted via Your Web Site or on any FreeMusicPictures.Info service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source (“payer”). FreeMusicPictures.Info. doesn’t handle the user’s payment process and is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payers. FreeMusicPictures.Info. makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using FreeMusicPictures.Info.
You agree to defend, indemnify and hold FreeMusicPictures.Info. and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from Your use of FreeMusicPictures.Infoluding, without limitation, Your violation of these Terms of Service, or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with FreeMusicPictures.Info. or Your use of FreeMusicPictures.Info.
XIV) ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
FreeMusicPictures.Info. reserves the right to deny in its sole discretion any user access to FreeMusicPictures.Info or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the FreeMusicPictures.Info System resulting from any third party using a password or user name issued to You. You agree to notify FreeMusicPictures.Info. immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the FreeMusicPictures.Info System known to or suspected by You. You may change Your password at any time by following instructions on the FreeMusicPictures.Info Web site. You hereby authorize FreeMusicPictures.Info. to rely on any data, notice, instruction or request furnished by You to FreeMusicPictures.Info., or that FreeMusicPictures.Info. reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. FreeMusicPictures.Info. is not responsible for fraud of participants or of other users of your account.
XV) YOUR CUSTOMER DATA
FreeMusicPictures.Info will only use your customer data in accordance with the Privacy Statement.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Italy and EU applicable to contracts made and to be performed wholly within such State, without reference to principles of conflicts of laws thereof. Each party hereby irrevocably and unconditionally accepts, and agrees to submit to, the exclusive jurisdiction of Pesaro city in Italy Country, in respect of any dispute arising out of, based upon, or relating to, this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between You and FreeMusicPictures.Info. as a result of these Terms or Service or use of FreeMusicPictures.Info.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.
Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and FreeMusicPictures.Info. with respect to the FreeMusicPictures.Info System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FreeMusicPictures.Info. with respect to the FreeMusicPictures.Info System.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FreeMusicPictures.Info. is not obligated to monitor the content on FreeMusicPictures.Info. FreeMusicPictures.Info. reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, rule regulation, legal process, government request, in response to an allegation that Your material infringes the intellectual property rights of a third party or in any way violates any applicable law, rule regulation, or in accordance with FreeMusicPictures.Info.’s Privacy Statement. FreeMusicPictures.Info. reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the FreeMusicPictures.Info Web sites, in FreeMusicPictures.Info’s sole discretion, without notice at any time. Any rights not expressly granted herein are reserved by FreeMusicPictures.Info., including all legal and equitable remedies available to FreeMusicPictures.Info. or violation of any of these Terms of Service.
XVII) COPYRIGHT AND TRADEMARK NOTICES
All contents of the FreeMusicPictures.Info System are: Copyright (c) 2011 FreeMusicPictures.Info., and/or its suppliers
FreeMusicPictures.Info and any of the associated marks are either a trademark or registered trademark of FreeMusicPictures.Info.
XIX) NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, your have to handle the dispute with the infringer by yourself and Your Copyright Agent providing him with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Italy and EU law provides significant penalties for submitting such a statement falsely. Meanwhile you are handling the dispute with the infringer you may send to FreeMusicPictures.Info the above information and upon receipt of the written notification containing the information specified above:
(a) FreeMusicPictures.Info may temporary disable access to the material that is alleged to be infringing, as long as the dispute is not solved;
(b) FreeMusicPictures.Info may forward the written notification to such alleged infringer; and
(c) FreeMusicPictures.Info may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Your Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to Your Copyright Agent for Notice that includes the following information:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been temporary disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
After the dispute between You and the alleged infringer is solved and the copyright owner is stated, he (the copyright owner) can provide FreeMusicPictures.Info with the legal notification and upon receipt of it, FreeMusicPictures.Info may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Notification.