Terms and conditions
Last updated: 9 June 2014
WELCOME TO LIVETRIGGER!
Users who use the services offered by LiveTrigger declare to know and accept the Live Trigger general terms and conditions of service.
By using our services, you accept these terms. Please read them carefully.
TABLE OF CONTENTS
- DESCRIPTION OF SERVICE
- ADMISSION, REGISTRATION AND ACCOUNT
- CONTENT AND ACTIVITIES NOT ALLOWED
- INTERACTIONS WITH OTHER MEMBERS
- INTELLECTUAL PROPERTY
- PERSONAL INFORMATION AND USER INFORMATION
- THIRD PARTY CONTENT AND HYPERLINKS
- MODIFICATION, WAIVER OF SERVICES (“AS IS”)
- FINAL PROVISIONS
PLEASE READ THE TERMS AND CONDITIONS OF USE (“TERMS” BELOW). BY CLICKING “SIGN UP” OR ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND BY ALL THE TERMS TO WHICH REFERENCE IS MADE OR REFERRED. BY USING OUR WEBSITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES OFFERED BY LIVETRIGGER.COM
Nothing contained in these Terms and Conditions of Use shall be interpreted in a way that confers rights to third party beneficiaries. We encourage you to print and/or save a copy of this document for information purposes.
1. DESCRIPTION OF SERVICE
LiveTrigger is a free community for professionals in the field of live music, a service created by musicians to facilitate the work of individual artists, songwriters, bands, organizers, promoters, bookers and local authorities, helping them to get in touch with one another, in order to organize and exchange/swap musical events in the world, with the intent and purpose of creating a sharing place, where these people can meet each other more easily.
LiveTrigger does not act as an organizer of events (booker) among its Users, it is only a service created to improve the interaction between the insiders in the field of music and to help to events organization.
Each member of LiveTrigger can view other membersâ€™ profiles, communicate with them and share information and media material, in order to organize events and create a real connection between Users.
2.1 These terms and conditions are binding between the site www.livetrigger.com (hereinafter “LiveTrigger “, “Services”, “we” or “our”) and you, our User (hereinafter “customer”, “you” or “your”) and govern your use of the services on our web site (the “site” or “service”).
These terms apply when you access and use our web site, our apps for mobile devices, any other product on-line or mobile we may offer and, in general, any service offered by LiveTrigger. If you use the services on behalf of any other legal entity, you declare that you are authorized to accept these terms on behalf of such person and such person shall be liable for breach of these terms.
2.2 When we use the term “website” we mean all domains, subdomains and materials related to our websites livetrigger.com, livetrigger.net, livetrigger.org etc. our domains and materials provided by our websites, including, without limitation, our applications, content, information, graphics, multimedia, code, logos, and service marks, designs, all objects and elements that are protected by the copyright law or otherwise legally protectable and all the various features, functions, tools, and services related in any way to our site.
2.3 The use of our services in a manner that is incompatible with these conditions may result in, among other things, termination or suspension of the right to use the services offered by LiveTrigger and may be subject to legal action by LiveTrigger and/or civil penalties and/or criminal penalties.
3. ADMISSION, REGISTRATION AND ACCOUNTS
3.1 It is necessary that you are at least 18 years old to access or use the services offered by LiveTrigger. Through your registration at LiveTrigger you declare you have more than 18 years old and agree to these terms and conditions of use.
3.2 You can never use the services offered by LiveTrigger in any way that is not compliant with the law.
3.3 By using LiveTrigger Services, you agree to be bound by these terms, in case you are a “Visitor” (which means that you visit the website LiveTrigger â€“ even through a mobile device â€“ or in any case you use the Services without being registered to LiveTrigger) or also if you are a “member” (which means that you have registered to the service offered by LiveTrigger). When we use the term “User” means both the “Visitor” and the “Registered Members”.
3.4 In order to access certain areas and some features of our services, you must register an account.
During the registration process you will be asked to provide a valid e- mail address and a password.
Before a Member provides the information for the registration to LiveTrigger, he/she must tick the box “I Agree the Terms and Condition of Use”, as specifically requested.
3.5 When you register an account, performing the first access to the service, to become, to all intents and purposes, a LiveTrigger member (“Member”), you are responsible for all activities carried out by that account, by that username and password.
By registering as a member you must: (a) create a unique password that can not be used with any other product or service online, (b) provide accurate, true, current and complete at the time of the creation of an account, (c) maintain and promptly update constantly and the information of your account, (d) maintain the security of your account, protect your password and restrict access to your account, and (e) promptly notify LiveTrigger if you were to discover or suspect any breach of security relating to services, (f) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access to the same, (g) agree to these terms and conditions of service usage.
3.6 Only full acceptance of the terms allows members to access services offered by the site. The acceptance of these terms is integral and indivisible: the members can not therefore choose to apply only a part of the terms or to make reservations on them.
3.7 In the event of default of even one of the obligations under the present conditions, LiveTrigger reserves the right to delete the User account in question, especially in the case where a User is using the service as a professional against the terms.
4. CONTENT AND ACTIVITIES NOT ALLOWED
4.1 LiveTrigger believes that publishing appropriate content makes a better and more pleasant User participation in the service and that this is a positive and easy way to share your personal activities and any other information you want to share with others.
4.2 The services include interactive areas in which you or other members can create, publish or acquire content, messages, materials, data, information, text, music, sound, photos, video, graphics or other items or materials on our service (collectively, “content of members”).
You as a member are solely responsible for the use of such interactive areas and you agree to be solely responsible for everything that you upload on your profile or in your private area of content management, for any content you write, transmit or send through our services. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the service, content that you are not entitled, for any reason, to send, upload or publish.
4.3 We are fully committed to making sure that LiveTrigger site is safe, enjoyable and useful, but we can not guarantee it. In order to offer a good service it is necessary that Live Trigger Users follow a few rules.
In addition, you declare and guarantee that: (a) you own and control all of the rights to the content you post or otherwise have the right to post such content, (b) that the content is accurate and not misleading, (c) that the use and publication of content supplied does not violate these Terms and Conditions, any third party rights or may cause injury to any person or entity.
4.4 When you publish content or information using the service publicly, gives to everyone, even to people who are not enrolled in LiveTrigger, the access and use of this information.
LiveTrigger does not play any kind of moderation of the content posted by you or any third party, but is committed to take action against Users reports or orders issued by public authorities in connection with content considered offensive or illegal.
Users in each case release LiveTrigger from any liability in relation to the illicit diffusion, use, publication of third-party content and illicit use of the service, in a way that is contrary to the law.
4.5 LiveTrigger commits in any case to remove, when it becomes aware of its existence, any content in accordance with these terms and conditions or not in accordance with law.
If you see something on LiveTrigger that it may be violating our terms, please contact us, bearing in mind that the content of a message does not guarantee its removal from the site.
It is possible that some content published or shared by other Users can be unpleasant or annoying to you, and at the same time that content does not meet the criteria to be removed or blocked by us. For this reason, we may also offer personal controls about what you see on LiveTrigger, such as the ability to hide or cut ties with other Users, pages or applications that offend you in some way.
4.6 Under the present conditions and at our discretion, even in the absence of signaling by other Users, we have the sole right to enforce these terms, either through deletion of content posted or by disabling accounts or by deleting accounts that do not comply with the conditions of use.
These conditions may not be used as the base of a right of action by a third party.
Nobody (members or third parties) may have expectation that there will be absolutely no content prohibited by these conditions on LiveTrigger website.
The use of our services in contravention by these terms may result in the immediate termination or suspension of your rights to use the services.
5. INTERACTIONS WITH OTHER MEMBERS
5.1 You have the sole responsibility of your behavior when you interact with other members.
Our services only provides a useful platform to put Users in touch with each other. Via LiveTrigger Users can learn and can interact with each other in order to organize events and to swap gigs. Users can publish in their own page music and video content, and Users evaluate via a rating system, in an anonymous way, the behavior of other Users or their quality.
You are held responsible for your conduct; the content on Livetrigger may be protected by intellectual property rights of others. Do not copy, upload or share or use content if you do not have the right to do so.
5.2 We reserve the right to examine your conduct and your content so that they conform to these Terms. That said, we are not obliged to do what we have just said. We are not responsible for the content posted by Users and shared services.
Carefully store the password you use to access Livetrigger, make sure that it is not known to other people and keep the data updated in your account.
5.3 LiveTrigger is not taking part into the interaction that takes place between Users, has no involvement or interest, makes no representations or guarantees about events, has no liability for any communications, transactions, interactions, disputes or any relationship whatsoever between you, the User, and any other Member, person or organization. You are solely responsible for your interactions with other members, when you use our services. We reserve the right, but we have no legal obligation, to monitor interactions between you and other members when using of our services.
5.4 We can not confirm with 100% certainty the identity of each User. LiveTrigger does not represent or guarantees that our instruments are sufficient to determine whether it is appropriate for you to interact with another member. In addition, we do not make background checks to people who use or register for our services. The inscription is in fact free and open to everyone.
We do not investigate or verify the reputation of any member, his conduct, his morals, the criminal record when you or any member subscribe to our service. We invite you to take precautions when interacting with other members, especially when you meet in person for the first time.
5.5 By registering as an artist, songwriter, band, promoter, booker, event organizer, venue, club or organization of any kind, you represent that you really music that author, band, promoter, booker, event organizer, venue, or local organization.
Any dispute about the actual ownership of the name of a registered account could be resolved by LiveTrigger, should it be proven the ownership, rights relating to paternity or custody of that name, content, images, by those who made the complaint.
LiveTrigger will evaluate what product freely by those who claim to be the sole owner or holder of a name on a subject that really exists.
Anyway LiveTrigger is not bound to assign an account name to any person who requires it.
LiveTrigger, if requested, reserves the right to assign the name object of a dispute concerning a songwriter, a band, a promoter, a booker at an event organizer or a venue, or local entity of any kind to any person who is found to be the actual holder or owner of that name.
5.6 You will be asked to indicate the location by zip code (postal code), or to indicate the city or locality where you reside or where your business is located mainly in order to take full advantage of the services offered by LiveTrigger or to receive information about our services in the territory corresponding. For this purpose LiveTrigger may use, with the consent of the User, location services. LiveTrigger not disclose to third parties the Userâ€™s exact location, except for commercial purposes or statistical research.
Livetrigger, at the time of subscription to the service by a User, check the e- mail address provided in order to verify the authenticity of the e- mail address provided, and such verification is a monitoring tool intended to confirm that a User would actually receive communications from us.
You can use our website only for personal and non-commercial reasons. You may not use the Website in a manner that exceeds the rights of use granted to us by these Terms or by law. Unless otherwise specified, you can not use any data mining, robots or similar data gathering and extraction tools on the website, or incorporate by framing of any part of the site, reproduce, republish, redistribute, copy, store, display publicly, transmit, modify, translate, publish, sublicense, assign, transfer, sell, loan or otherwise distribute the website (or any part thereof) without our prior written consent.
7. PROPERTY & INTELLECTUAL
7.1 Software, songs and all trademarks, trade names, service marks/brands, slogans, logos and, in general, everything that appears on our service, or in relation to it, is protected by copyright and registered trademark or are properties of the licensees; they are sole property of LiveTrigger and/or its affiliates, licensors and/or licensors and are protected by intellectual property laws, European and international, and their use is governed by such laws, these terms and any license agreement with the end User. You can not copy, display or use any of the Marks/brands without the prior written permission of the trademark owner. All trademarks, service marks, and trade names are the property of LiveTrigger or its affiliates and/or third party licensors.
The information and materials uploaded to LiveTrigger including, without limitation, text, graphics, interactive features, logos, photos, music, videos, software and other audio and visual materials, as well as the selection, organization, coordination, compilation, the look and appearance of the service LiveTrigger (collectively, the “Materials”) are the exclusive intellectual property of LiveTrigger, its licensors and its suppliers.
7.2 You should not try (or support othersâ€™ attempts) to elude, reverse engineer, decrypt, or otherwise alter or interfere with any software, song or video that is not the owner and if you do not have the appropriate rights of use.
You should not copy, modify, distribute, sell or rent any of our services or software included, nor can decode or groped to extract the source code of such software, without our written permission.
7.3 Except as expressly authorized by LiveTrigger, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, modify, adapt, create derivative works from, or otherwise make use of LiveTrigger Materials. The User may, with a specific authorization from LiveTrigger, download or print one copy of the materials for personal use, without prejudice to any rights relating to copyright, trademark or other proprietary rights. LiveTrigger reserves all rights not expressly granted or regulated under these terms.
7.4 The open source software is important to us. Some software used in our services can be offered under an open source license and remain at your disposal. There may be provisions of the open source license that expressly do not use some of these terms.
Your privacy is important to us.
Most of the activities of LiveTrigger are public and much of the information that you post on the Service (either directly through our website or through links to other websites) are immediately visible publicly. Therefore, you should not publish information that is considered confidential. We maintain the privacy of your email address, phone number, your real name and anything else plugged into the site in the registration process. Other information may be considered non-confidential and may be available for viewing by third parties, once registered with the site.
9. PERSONAL INFORMATION AND USER INFORMATION
9.1 When you sign up to LiveTrigger we may request information such as your e-mail address, User name, address or zip code relative to your own address.
LiveTrigger uses the collected information for the following general purposes: products and services provision, identification and authentication, services improvement, contact, and for research purposes.
9.2 All information is stored on servers operated by us, but is not publicly available.
The information you provide about yourself, or that we collect or deduct based on your access to your publications and on LiveTrigger can be used to improve the User experience, provide suggestions to us to improve the service, or to create targeted services and to allow advertising and third-party messaging to be adapted or targeted. We may use or provide third parties with aggregate data entered by Users or deducted from their use, and we may collect data from and about the devices you use to access the services. This includes data such as the IP address and cookies, browser type and the device used, the web page visited prior to accessing our sites and identifiers associated with your device.
9.3 Your devices (depending on their settings) may also transmit location data to LiveTrigger. However, except when expressly prohibited by law, we reserve the right to sell or give your email address, IP address, cookies, address or phone number to third parties for advertising or other purposes. In the future we may provide third parties with the opportunity to deliver advertising messages or personalized advertising or targeted advertising and, in these cases, you can allow third party applications to access your User data to determine the type of messaging or advertising suitable for you.
9.4 We use technologies such as cookies to provide, improve, protect and promote our services. For example, cookies help us for tasks such as remembering your User name for the next visit, to understand how Users interact with us and each other, and improve our services on the basis of such data. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows the site to recognize your browser. Cookies may store User preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
9.5 We reserve the right to disclose your information to third parties where we determine that such disclosure is reasonably necessary to (a) comply with the law, (b) protect any person from death or serious physical injury, (c) prevent fraud or abuse to the detriment of its Users LiveTrigger or (d) protect the rights or property of LiveTrigger.
9.6 If you post content on our service, you grant us a perpetual worldwide, non-exclusive, irrevocable, royalty-free and fully sub-licensable right to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute and promote your content in any form, in all media now known or created afterwards and for any purpose, including without limitation the right to use your name, image, video and all uploaded content or information provided by the User.
10. THIRD PARTY CONTENT AND HYPERLINKS
10.1 LiveTrigger may contain links to other sites or links to websites of third parties, but shall not be liable nor be held responsible for the contents or materials on these other sites or for the content of third parties that are present on our service. We can not control or endorse any third-party content. The User expressly agrees to bear all risks associated with third-party content on our service.
10.2 You are granted a limited, non- exclusive right to create a text hyperlink to the services, provided such link does not portray LiveTrigger or any of our services in a false, misleading, derogatory or defamatory and also that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
10.3 This limited right may be revoked at any time. You may not use the logo or other proprietary graphic of LiveTrigger to connect to other services, without the expressed written permission of LiveTrigger.
10.4 In addition, you can not use frames or utilize framing techniques to include LiveTrigger trademark, logo, or other proprietary information, including the images found on the services, the content of any text or the layout/design of any page or form contained in each part of the site, without the express written consent of LiveTrigger. Live Trigger never authorizes or give right to Users or third parties the use of licenses, trademarks, patents, or any other content, protected or not protected by copyright, or any copyright present on the website, without a specific prior written consent.
11. MODIFICATION, WAIVER OF SERVICES (“AS IS”)
11.1 LiveTrigger reserves the right to update, change, modify, add, or remove portions of the terms and conditions of use of this service at any time, due to changes to the mode of service delivery or to fit the applicable regulations. Services may be modified at any time by LiveTrigger for technical or commercial reasons. LiveTrigger notify all Users if and when substantial changes will be made to these terms.
11.2 The service can also be terminated at any time by LiveTrigger but, in this case, the User is notified at the e- mail address provided at time of registration.
11.3 LiveTigger is not required to provide or guarantee any particular service quality or operation. By signing up you declare to be aware of and expressly agrees to use the Services at your own risk.
LiveTrigger, its agents, licensees partners, suppliers, consultants and agents disclaim any responsibility for the accuracy, content, completeness, legality, reliability, or operability or availability of information or content displayed in the service, and they also decline responsibility for the behavior of the Users and for the conduct of others who use the service.
LiveTrigger cannot be liable for any direct or consequential event arising from the use or misuse of the service.
11.4 LiveTrigger and its affiliates, suppliers and distributors do not recognize any guarantee, express or implied, about the services. The services are provided “as is”. Livetrigger do not recognize any guarantee of merchantability or fitness for a particular purpose.
This limitation of liability applies to any damages arising from any use of the Service and, in particular, from improper use.
LiveTrigger is not responsible for the ability or inability to use the Service and reserves the right to terminate, suspend or discontinue the Service at any time, assuming prior notice to Users.
11.5 We may, at our discretion and without any liability, with or without notice and at any time: (a) modify or discontinue, temporarily or permanently, any portion of our services, (b) terminate your access to our services, (c) deactivate or delete your account and all related information and related files in that account and/or (d) block access to any of these files or services.
12. FINAL PROVISIONS
12.1 These Terms constitute the entire agreement and final agreement between the User and LiveTrigger, in relation to the object of the present Terms, and they substitute any other agreement, terms, conditions, prior or contemporaneous, applying to the object. Any waiver of any provision of these Terms and Conditions will be effective only if written and signed by the parties.
The invalidity of any provision of these terms and conditions of use does not determine the validity of the remaining provisions.
These terms do not create any rights to third party beneficiaries.
These terms and conditions of use contained in this document relating to the execution, interpretation and validity of this contract shall be governed by Italian law. The parties agree to submit to the exclusive Italian jurisdiction. The Parties undertake to resolve any dispute, within the limits of applicable law, in the jurisdiction of the Italian courts, with exclusive jurisdiction identified in the Court of Milan.
12.2 In no event LiveTrigger can be held responsible for delays or failure to perform any act resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, interruption of Internet service, breakdowns in equipment, telecommunication equipment failures, other equipment failures, power grid failures, strikes, labor disputes, riots, insurrections, shortages of labor or materials, fires, floods, storms, explosions, acts of superior force, acts beyond LiveTrigger control, war, interventions by government, orders of domestic or international tribunals, non- performance of services by third parties, the loss of or fluctuations in heat, light or air conditioning.
12.3 The present contract is originally written in Italian. This translation of our Terms into English is provided for convenience only. In case of any discrepancy, divergence or difference between the Italian version and its English translation, the Italian version should prevail.
LiveTrigger is a service offered by the members and volunteers of “Associazione LiveTrigger”, a not-for-profit association headquartered in Milano, Via Pietro Calvi n. 9, c.a.p. 20129 (Italian Registration Number/C.F. 97687870150).
LiveTrigger.com – Relased under Creative Commons license BY-NC-ND.
Even partial reproduction of the contents of this website is prohibited.