Disclaimer
Terms of Use
Second Life(R) is a trademark of Linden Research, Inc. Savvy Software Development, Inc. is not affiliated with or sponsored by Linden Research and is only used to refer to the Wirtual World without any other finality.
The services provided by Secondnights.com can be found on www.secondnights.com, a website hosted by its service provider, EuroVPS: www.eurovps.com
Secondnights.com contain a platform for the online distribution of musical works under Creative Commons licences called SecondLive!
Accordingly, Secondnights.com has not been created to provide access to the Internet network, nor as an electronic public communications service.
Please read these Standard Terms of Use carefully. The Italian’s law shall apply to these Standard Terms of Use, and they have been drafted to govern the use of the Secondnights.com website: by using Secondnights.com and/or becoming a Member, You undertake to comply with these Terms. By accessing and/or using the website, You automatically, expressly and unconditionally accept these Terms.
Secondnights.com may amend these Terms of Use at any time.
You will be informed by Newsletter of the nature of these amendments when they are posted online.
DEFINITIONS
ALBUM: shall mean a set of Works published by the Artist on Secondnights.com.
ARTIST: shall mean the holder or the representative of the holder of the copyright and/or related rights in the Works published on Secondnights.com.
ARTIST ACCOUNT: shall mean the Artist's personal webpage that can be accessed by the Artist using the personal username and password assigned when registering on Secondnights.com.com - and after having published his/her Works on said website - through which the Artist has access to:
- the Interface
- information relating to the management of his/her Works and his/her personal information.
TERMS OF USE: shall mean these Terms, which are automatically accepted by Users when they access the website, and by Members when they register, as well as any future amendments.
ILLEGAL CONTENT: shall mean any content of any kind whatsoever (text, voice, image, sound etc.) of such a nature as to infringe any recognised third party rights (including, in particular, rights held by natural persons, legal persons, groupings or communities etc.) regardless of which legislation is applicable. In particular, any content that could infringe any literary or artistic property rights, personality rights, as well as any content that could constitute a justification for war crimes or crimes against humanity, and more generally any form of discrimination against one or more classes of people, shall be deemed to be Illegal Content.
SECONDNIGHTS.COM.COM: shall mean the collection of Services available to Members free of charge on the www.secondnights.com Website
FREE DISTRIBUTION LICENCE: shall mean the Creative Commons licences, described on the http://creativecommons.org/ website and approved by Creative Commons. In order for the Works to be distributed by Secondnights.com, the Artist accept the licences proposed.
MEMBER: shall mean one or all of the Users and Artists whose registration for the Services offered by Secondnights.com has been validated and confirmed.
USER or YOU: shall mean any person accessing Secondnights.com's website.
WORK(S): shall mean the musical works made available to Users by Member Artists. The free distribution licence, selected by the Artist, shall determine the ways in which each Work can be exploited.
PROFILE or USER ACCOUNT: shall mean the Member's personal webpage containing various pieces of information about the Member, which the Member can add to as and when required.
SERVICES: shall mean all Services accessible to Users and Members of Secondnights.com.
REGISTRATION
How to register
Any person wishing to access and use all the Services offered by Secondnights.com may register and be identified as a Member.
By ticking the box "I have read and understood, and accept the terms and conditions governing the Secondnights.com service" in the application form, You acknowledge that You have been informed of the content of these Terms and You undertake to comply with them.
In order to complete a valid registration with Secondnights.com, You must provide all the compulsory information requested in the registration form. Without this information, Your registration cannot be validated.
The Artist shall be responsible for informing Secondnights.com of any changes to the Artist's contact details, through his/her Interface.
Registration gives You access to Your Profile and all of the Services provided by Secondnights.com.
Use of username and password
Your username and password are strictly personal, and should not under any circumstances be shared with or disclosed to third parties.
Your username and password give You access to the Services offered by Secondnights.com, as well as to Your Personal Profile.
Members are personally responsible for their identification details and must use them in accordance with the provisions of these Terms of Use.
Each Member shall hold Secondnights.com harmless from and against any wrongful use of the Member's identification details and/or resulting in a loss arising from said identification details, whether or not fraudulent, caused by the Member's own acts or omissions, or those of a third party. Please note that Secondnights.com is not required and does not have the necessary technical resources to verify the identity of persons registering for its Services. Secondnights.com may not be held liable in the event of a theft of identification details and/or the identity of one of its Members.
If a Member notices or suspects any fraudulent use, said Member must immediately inform Secondnights.com by e-mail sent to
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.
In the event that the source of this fraudulent use proves to be a Secondnights.com Member, said Member's account will be shut down as soon as Secondnights.com has concrete knowledge of the fraudulent use.
USE OF SERVICES
Secondnights.com offers various services, some of which are only available to Members:
- Publishing of Works under Creative Commons Licences in the SecondLive! section
- Listening to Works by streaming or downloading
- Creation and management of playlists
- Exporting music to other web pages using html codes or scripts (Javascript, Flash etc.)
- Private messaging service with other Secondnights.com Members
- Exploring events and promote your events on Secondnights.com website
- Use the social network feature to meet other Secondnights.com Members
- Upload, share, comment and look videos and photos published by other Secondnights.com Members
- Upload photos and videos in the Community
- Read the blog and write posts on the web site
- Watch the latest tv-shows episodes provided by the SL television brands
- Read the latest magazine issues provided by SL members
- Opportunity to give Your opinion on the Works
Provision of the Works by Member Artists
Artists shall provide their Works directly online through the "Add a song" section on www.secondnights.com
For each Album provided, the Artist may fill in the Information Sheet on the Interface by specifying for each Work the name of any other rights holders
Artists may withdraw all or part of their Works at any time, through their Artist Account.
In any case, the Artist represents that he/she has been informed and accepts that any Works that have been downloaded by Users or any third party authorised by Secondnights.com prior to their withdrawal from the Website may continue to be distributed, shared and reproduced through the Platforms and P2P networks and more generally, on the Web, after their withdrawal has been requested. The Artist represents that he/she will hold Secondnights.com harmless from and against any third-party claims in this respect.
Rights granted to Secondnights.com
Regardless of the type of Licence selected by the Artist, the Artist grants Secondnights.com the non-exclusive worldwide rights to:
- reproduce and have reproduced, fix and have fixed on any media, publish and have published, broadcast and have broadcast, distribute and have distributed or transfer in any Format, the Works provided by the Artist
- adapt the Works in any Format, both to meet Secondnights.com's specific and technical requirements and, in particular, to enable them to be shared on P2P platforms
- use the Works to promote the Artist and Secondnights.com
Member Artist obligations
By accepting the Term of use of the website, the Artist certify Secondnights.com that he/she is the sole holder of rights or that he/she officially represents all holders of rights in the Work uploaded. Accordingly, the Artist holds Secondnights.com harmless from and against any claims in this respect. The Artist provide the information required (Surname, First Name, Address, Date and Place Of Birth) in the form provided for this purpose in the Admin Panel of his/her Artist Account.
The artist also certify that he/she is not a member of any performance rights organisation. In the event that he/she provide false informations, Secondnights.com reserves the right to require the Artist to reimburse in full any sums that Secondnights.com may be required to pay on account of this false declaration.
The Artist undertakes, on his/her own behalf and where applicable, on behalf of the other rights holders that he/she represents, not to exclusively and/or retroactively entrust the royalties for the Works provided to Secondnights.com.com to any performance rights organisation (copyright and related rights) from the moment that the Artist is registered on Secondnights.com.
The Artist undertakes to account for and not to violate these Terms of Use when entering into any agreement with third parties.
Technical Information
The Works may be uploaded in the MP3 format.
Secondnights.com does not warrant that the website will operate without interruption or error, nor that access to the Services will be granted at all times, in particular in the following situations:
- faulty use of the Website owing to unsuitable equipment
- malfunctions caused by Your Internet service provider
- Internet network congestion
Secondnights.com may temporarily suspend the operation of the Services in order to implement improvements or effect maintenance.
Where possible, Secondnights.com will endeavour to give You advance notice of any suspension.
User obligations
Secondnights.com is a distribution service for musical Works that offers You various services, including discussion forums and an internal messaging service.
When You use Secondnights.com Services, You automatically accept the Terms of Use.
Use of Artists' Works
Each Work is made available to Users under a Creative Commons licence, identified by an icon. By clicking on the icon, You can find information about the terms and conditions on which the Artist and Secondnights.com allow You to use the Artist's Work.
You undertake to strictly comply with the Terms of Use described, and more generally, not to infringe any intellectual property rights held by Artists. Failing this, Your account will be immediately shut down as soon as Secondnights.com is aware of Your failure to comply with this undertaking.
If You think that a Work may be a plagiarism or a clear infringement of another work, whether or not made available by Secondnights.com, You can inform Secondnights.com by sending an e-mail to
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, or by clicking on the "report abuse” link on the Work's webpage. Secondnights.com will block the Artist's Account as soon as it has concrete knowledge of this.
Use of discussion forums and internal messaging service
As a general rule, You undertake not to post inappropriate or abusive content and to act loyally towards Secondnights.com, its partners and all Members.
You also undertake not to infringe the intellectual property rights of the Content to which You have access when using the Services.
You agree that You are solely liable for the distribution to any other Members of any text, information, data, hypertext links, music, sound recordings, photographs, drawings, videos, messages, tags or any other material transferred in Your Profile and/or within the context of Your discussions in forums or using the messaging service.
As regards the forum and the Secondnights.com messaging service, all subjects may be freely brought up and discussed; however, all discussions are moderated.
Accordingly, You undertake to act in a reasonable and respectful way, and more specifically, You agree to refrain from:
- posting, stating, miming, indicating or distributing in any form whatsoever, information that may directly or indirectly harm any third party (natural person, legal person or group of persons)
- issuing, distributing or relaying any speech, comments and/or Content that is defamatory, insulting, obscene, immoral, offensive or violent, or that incites any type of political, racist or xenophobic violence (whether physical, verbal or psychological violence), and more generally that violates the laws in force
- distributing any kind of personal information and/or Content about a Member or any third party without said person's express consent
- posting, distributing or relaying any content, whether in whole or in part, and whether alone or incorporated into or in association with other Content, where this use infringes the intellectual property rights of their authors and/or other rights holders
- posting, distributing or relaying information or Content, or using technologies of such a nature as to reduce, disrupt, reduce and/or prevent the normal operation of the Services, such as software, viruses, repeated sending of messages etc.
In the event that You publish any such messages, You may be personally prosecuted for the unlawful content (and receive a prison sentence or a fine), and You may also be ordered to pay damages. Furthermore, Your Content will be removed and Your Account will be shut down.
You undertake to inform Secondnights.com of the presence of any comments, messages, Content and/or hypertext links that fail to meet the requirements specified above by sending an e-mail to
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.
In its capacity as the hosting company, Secondnights.com is required to take action against the illegal content defined in the "Report Abuse" section. Secondnights.com will delete this illegal content as soon as it has concrete knowledge of this content.
You have the right to access, modify and rectify, as well as delete, any of Your personal data. You can require that Your contributions to forums be deleted at any time, by sending an e-mail to:
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Links and content
Content made available to You may include hypertext links to websites other than the Secondnights.com website, or to other Internet sources.
In its capacity as the hosting company, Secondnights.com cannot monitor all of these sites, and accordingly disclaims all liability regarding the nature and/or use of the content of these sites.
If You wish to use the content of these sites, You must read their Terms of Use.
Blogs and personal pages
As part of the Services offered by Secondnights.com, You can insert a software application composed of a code, a Widget and a player into Your blog or Your personal pages, allowing one or more Works to be played.
This insertion, and the way in which the Works are distributed, must comply with the provisions of the applicable Creative Commons licences and these Terms of Use. Additionally, they must also comply with the guidelines of Your hosting company.
You agree to hold Secondnights.com harmless from and against any claims by any third party in relation to any complaint and/or action regarding the insertion and/or distribution of the Works.
PRIVACY AND PROTECTION OF MEMBER DATA
Solely for the purpose of managing identities with our partners, we are required to disclose Your personal data to said partners.
You alone can decide whether to provide Members with personal information about Yourself in forums and what information to publish on Your Profile, provided that the rules specified in the foregoing clause are complied with.
Should the use of this information by third parties cause You to sustain a loss, Secondnights.com may not be held liable for this loss.
INTELLECTUAL PROPERTY
Apart from the intellectual property rights regarding the Works, Secondnights.com is the sole holder of the intellectual property rights relating to the trademarks, patents, software, logos, graphics, photographs and animations contained on the Website.
They may not be reproduced without Secondnights.com's and/or its partners' express consent.
Secondnights.com hereby grants You a licence to use them, strictly limited to accessing, downloading, printing out and reproduction on any media and their use, for private and personal purposes only, within the framework of Your registration for the Services and for such time as You are registered for the Services.
When providing Secondnights.com with Content, of any kind whatsoever, You automatically grant Secondnights.com a licence to use it for the purposes of distributing this Content on the Website to other Members.
Accordingly, You authorise Secondnights.com to reproduce, display, translate, digitise and use for advertising, commercial or non-commercial purposes, all of the Content and information that You have contributed on the Services.
You also authorise Secondnights.com to grant all of these rights to any third party or to any partners, for the exercise of these rights in accordance with the provisions of these Terms of Use.
Moreover, You also authorise Secondnights.com to modify said Content in order to adapt it to the requirements of the style guide for the Services.
LIABILITY
In the event of a failure to comply with any one of the obligations provided for in these Terms, Secondnights.com may, without any prior warning, shut down Your account and block access to Your Profile. Furthermore, Secondnights.com may bring legal proceedings against You.
In the event of a claim, complaint or proceedings arising out of wrongful conduct by Members that directly or indirectly breach the provisions of these Terms of Use, Secondnights.com may take action against the Members whose acts gave rise to the claim, complaint or proceedings.
You are hereby informed, and represent that You so accept, that the information and Content that You post online will be made available to other Members, who may use said information and Content pursuant to the provisions of the Terms of Use.
Our liability as the hosting company
Under the applicable statutory provisions, we have no general obligation to monitor content transferred or stored via the Website. Our only obligations as the hosting company relate to action to be taken against certain content in accordance with the procedure set out in the "Report Abuse" section, the retention of Your connection data, which is covered by professional secrecy obligations and processed in compliance with the statutory provisions on personal data, and the removal of any clearly illegal content, as soon as we have concrete knowledge of this content.
APPLICABLE LAW
These Terms of Use are governed by the laws of Italy.
Any dispute relating to their interpretation or any departure from these Terms shall be referred to the Courts with jurisdiction to hear the dispute in Italy.
COPYRIGHT MESSAGE. Copyright © 2012 Secondnights.com - All rights reserved. All rights not expressly granted by this agreement are reserved.
