AGB

  1. 1. SCOPE AND DEFINITIONS

This document provides the terms and condition for the proper usage of the website, the live performances and every other product and or service accessory to such services and hosted on this domain.

- “Intellectual property” refers to patents, copyrights, trademarks, domain and business names, database rights, confidential information, trade secret and every other similar right, both registered and unregistered, irrespective to its local or global protection.

- “Service” refers to all the services contained in the online platform, website and app, including access to live performances and other accessory services, marketplaces, bonus, promotions, downloadable content subject to further specification, as long as they are hosted and controlled by the platform. 

- “User” refers to users of the website, platform, accessory content according to the definition of “Service”, irrespective of their registration and account creation in the online platform.

  1. SUBJECT MATTER

By accepting these terms and conditions or by continuing browsing, you declare that you have read and accepted this contract and agree to be bound by all the terms and conditions herein specified.
This contract governs the usage by the Users of the Service. 

  1. PAYMENT

All payments will have to be made by using one of the payment methods indicated and in the manner described in the contract or in the payment webpage.
Personal data pertaining to payment may be processed by third-parties providing the payment service (such as Paypal, banks or other similar services).

  1. REGISTRATION AND OBLIGATIONS 

By accepting these terms and conditions or by continuing browsing, you declare: 

  • to be at least 18 years old
    • to provide your real personal details
    • to not have been suspended from using the Service
    • to use the Service as herein described, especially by respecting the copyright of the events and thus undertaking not to record, reproduce, modify or violate in any other way any of the work and live made available to you.

  1. USER OBLIGATIONS 

Users are forbidden from:

• using any technological method to circumvent any of the obligations herein described, including recording, reproducing, modifying, copying in any way or re-use the work, lives and content provided or any Intellectual Property Right present in the Service
• reverse engineer, decompile, disassembly, modify the system on which the service is based
• circumvent any technological protection in order to access confidential information
• using any robot, spider, search application, crawler, device, automatic process or mean to access, retrieve, scrape or index, partially or totally, any content present in the Service
• leasing, licensing, sublicensing, making otherwise available their accounts or any content legitimately acquired without express authorization from the Service
• committing libel, insulting, harassing, threatening o violating in any other way third-party rights, including fellow Users, artists, partners, press and any other subject participating in the Service
• making available content which may be deemed illegal, obscene, illegitimate, defamatory or unappropriated
• using a third-party account without express authorization from the Service
• interfering in any way with the provision of the Service in order to disrupt the participation of fellow Users or to damage the Service
• using the Service in any way that contravenes the principle of good faith 

Discount coupons, gift coupons and voucher are not refundable and not transferable. 

  1. THIRD-PARTY CONTENT

Providers of the Service shall not be liable for wrongful usage of tools provided to the Users, including chat or other interactive tools, including making available to third party any form of protected material. The Users herein accepts to take full responsibility for any content he may be providing using those channels. 

Any protection measure provided from the Service are provided “as is” and do not offer a full warranty against all forms of fraudulent attempt to use the Service. 

Users remain in any case liable towards the Service for any erroneous and fraudulent use of the Service.

  1. LIMITATION OF LIABILITY  

Users herein agree to exempt providers of the Service from liability regarding the quality, safety and reliability of the services offered, subject to the limits of the law.

The Service is guaranteed "as is" and the exact, permanent and continuous functionality is not guaranteed. Examples include technical difficulties, force majeure, unforeseeable circumstances, third party liability, network problems.

  1. TERMINATION

Either party may proceed terminate this agreement in the event of violation of the obligations referred to in points 3, 4, 5 and 6, as well as any other contractual breach deemed relevant. Providers of the Service reserve the right to suspend or permanently exclude access to any part of the Service in the case of violations referred to in this point.

  1. CANCELLATION AND EXCEPTIONS

The Users may exercise their statutory right to cancel within 14 days from the conclusion of the agreement, in the case of subscription to online services, or within 14 days from the receipt of products, in the case of purchase of merchandising or other physical products.

To carry out the cancellation, the Users must send an email to info@calma.management, attaching proof of contract and, where necessary, proof of shipment and pictures of the products. The Service will refund the amount paid through the same payment method, or through a different one when required by the Uses, once the goods have been received and their condition verified, in the case of physical products.

The right of withdrawal is excluded once the provision of the Service has started, for example by starting the reproduction of live, shows and multimedia material. This provision also applies to downloads of digital content.

The withdrawal is also excluded in the case of personalized or packaged goods, if the product has been opened and / or used.

The right of withdrawal covers the costs of the original shipping fees, where the User has selected the standard shipping method. However, it does not cover the costs of shipments other than standard ones, such as express and urgent deliveries, nor the costs borne by the Users for the return of the goods. 

  1. APPLICABLE LAW, JURISDICTION AND LITIGATION

    This contract is subject to Italian law and to the Court of Milan, except for conflicting legal provisions. 

If required by law or by the competent judicial authority on this contract, clauses contrary to the law will be replaced without invalidation of the agreement in its entirety. 

The clauses which by their nature or express indication remain effective even upon termination of the agreement will remain valid even after provision of the Service has ended. 

  1. COMPLAINTS AND CONTACTS 

Any complaint and contacts may be made by writing to the following e-mail address: info@calma.management.

Service is provided from CALMA Management s.r.l.s., R.O. Via Ivo Cremaschi 7, Carpi (MO), Italy.

  1. PRIVACY

This agreement forms, together with the privacy policy as accepted online and/or signed during the registration phase, the whole of the contract entered into with the User. For any information relating to the use of User data, see the Privacy Policy.

The User also declares to have read and expressly accepted clauses 5, 6, 7, 9 and 10. 

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