Terms of license to consumer platform Projecta Vibes

1. The services are offered to the public by:
PROJECTA VIBES RZ with domicile in MAROSTICA (VI-ITALY), Street ROVEREDO ALTO, n. 33B, Zip Code 36063
VAT n./Tax Code: IT04493480240
E-mail: support@projectavibes.com
REM/PEC: projectavibes@pec.it

1.2 Within the framework of the relationship with the Buyers, communications (withdrawal, warranty, various requests), even in case there are services provided by third parties outside the Seller, must be addressed to the Seller at the electronic contact points indicated in the individual chapters.

1.2.1 In the event of failure of the individual contact points, it will be possible to contact the seller by means of the e-mail indicated in Section 1.1 of these Conditions.

1.3 In any case of subjective change of the Seller (e.g. incorporation of a company to which the Platform is transferred), all existing legal relations are automatically and without the need for further consent transferred to the successor entity, which then assumes all rights, obligations and legal relations pertaining to the Seller.

2.1 It is the registered User who, by browsing, makes the purchase of the license of use (in the form and manner set forth herein) on the Works through the platform of online.

2.2 Domicile, including computer domicile of the Buyer: The Buyer shall be presumed to be physically domiciled at the place, if any, indicated in the registration, just as the Buyer’s computer domicile shall be presumed to be, for communications relating to this Service, the e-mail box indicated in the registration.

3.1 The Platform makes the following faculties available to registered user:
a. Browsing;
b. Create accounts;
c. Take advantage – if possible – of the opportunity to listen to a short excerpt of Works distributed in the Platform;
d. Conclude a contract for the purchase of a License to use Works using the technical procedures described in these Conditions (for license types see points 3.2, 3.3.1, 3.2.2, 3.2.3 and based on the type of work).

3.1.1 The list of Works made available for license purchase by the public of Registered Users can be viewed at the following link at www.projectavibes.com.

3.1.1.2: The Platform makes available three types of Works and three types of License of Use. Therefore, the faculties granted to the Buyer will be those resulting from the combination of the type of Work and the type of License.

3.1.2 The works are described in the Information Sheets, to which reference is made. It should be noted that the content characteristics and all information included in the Sheet are understood to be those existing at the time of purchase.

In the Information Sheet for each individual Work, the following is stated:

• Description of the Work, type, features, functions: where the description is not deemed sufficient or accurate enough, the Buyer may still request clarification and specification from the Seller at support@projectavibes.com;
• Indication of the type of Use License being offered to the public;
• Indication of the duration of the License of Use granted to the Buyer;
• Indication of the quality of service used;
• EVIDENT indication of particular UNSUITABILITY of the Work to uses that may be expected from the same or relating to the purposes for which services of the same type are normally employed. In such case an acceptance by the Buyer is required.
• Indication of necessary or otherwise useful accessories for use or functionality of the Work;
• Instructions for the activation and use of the Work;
• Indication of any compatibility (see meaning in footnote) and interoperability (see meaning in footnote) – or exclusion of compatibility and interoperability – where the Buyer may expect them in view of the nature of the Work and possible presence of upgrades, the relevant ways of performing them, and the consequences of failure to upgrade;
• The price, in all its components (see the chapter on Price in these Conditions);
• The accepted methods of payment;
• Mention of the right of withdrawal and its limits, if any;
• Mention of the existence of the conformity warranty;
• Mention of the seller’s contact information;
• Link to these conditions.

3.1.3 Each Work, from the moment it is published on the Platform, and unless explicitly stated otherwise by the Seller, is understood to be offered to the public. This means that the Buyer, having seen the offer, has the option to simply decide whether to accept such offer and acquire the relevant License of Use or not to accept it and thus not acquire the relevant License of Use.

3.2 The types of Licenses (the licenses are all non-exclusive and therefore more than one Buyer may acquire the same license on the same Work), which may be concluded by the Buyer are as follows, having considered discipline additions that will be published with specific information sheets.

3.2.1 Projects License: This license to use is solely with reference to and therefore applicable only to the Works marked or indicated, on the information sheet, as “PROJECTS”.

3.2.1.1 The Projects Licensee shall have only and exclusively the following rights to use the Work:
a. Make downloads of a single copy of the Work at the electronic systems in use by the Buyer (in a maximum number equal to 2 times including the back-up or backup copy) – The Seller may decide at his discretion to leave extra/unlimited numbers of downloads;
b. Perform for private purposes and not for public performance of the Work;
c. View the technical characteristics of the Work;
d. Modify, translate and process the Work and the technical characteristics associated with it (Art. 18 Italian Copyright Law) for the sole and exclusive purpose of studying and learning the methods, techniques and tools with which the Work was made. Derivative Works may be made for the same purpose provided therein.

3.2.1.2 The Projects Licensee, conversely, is prohibited from performing any other operation other than those indicated in Section 3.2.1.1, with the subject matter of both the Work originally licensed for use (including the technical characteristics) and the Work modified pursuant to point 3.2.1.1.d. For example, it may not:
a. Publish under Article 12 and Article 18 of the Copyright Law;
b. Transcribe under Article 14 of the Copyright Law;
c. Reproduce indirectly, temporarily pursuant to Article 13 of the Copyright Law, except to the extent strictly necessary for the purposes of Section 3.2.1.1
d. Make mechanical recording by means of sound or voice reproducing apparatus pursuant to Article 61 of the Copyright Law;
e. Performing, representing and/or acting in public pursuant to Article 15 of the Copyright Law;
f. Communicate or broadcast to the public, transmit and retransmit, as well as through ancillary online services, make direct entry of the Work, by any means (through the Internet, wire, wireless, electronic, satellite, analog, etc.) pursuant to Articles 16, 16a, 16b, 16c and 16d of the Copyright Law;
g. Distribute pursuant to Article 17 of the Copyright Law;
h. Rent and/or lend pursuant to Article 18 bis of the Copyright Law; and
i. Broadcast pursuant to Article 51 et seq. of the Copyright Law;
j. Making Derivative Works or even only partially derivative or modified Works that are then the subject of one of the rights referred to in this Section

3.2.1.1 (communication, distribution, rental, etc.).
k. Resell, assign to third parties even free of charge, the purchased license;

3.2.2 Presets License: This license to use is solely with reference to and therefore applicable only to those Works marked or indicated, on the information sheet, as “PRESETS”.

3.2.2.1 The Presets Licensee shall have only and exclusively the following rights to use the Work:
a. Make downloads of copies of the Work at the electronic systems in use by the Buyer (in a maximum number equal to 2 times) – The Seller may decide at his discretion to leave extra/unlimited numbers of downloads;
b. Perform our 100% royalty free license;
c. View the technical characteristics of the Work;
d. Modify, translate and process the Work and its associated technical features (Art. 18 Copyright Law), I.e. may modify the Presets and may use the Presets for commercial purposes as part of a musical composition with other sounds.

3.2.2.2 The Presets Licensee is permitted to use the modified Work and the technical features pursuant to point 3.2.2.1 solely and exclusively for the following purposes:
a. Studying and learning the methods, techniques, and tools by which the Work was created;
b. To supplement it as an ancillary or instrumental part of a Work of overall ownership of Licensee for a period equal to 70 years from the publication of the original Work. On such aggregate Work, Licensee shall exercise its copyrights independently with nothing being due to Seller.

3.2.2.3 The Presets Licensee, conversely, is prohibited from engaging in any transaction other than those set forth in point 3.2.2.1, involving the Work originally licensed for use (including technical characteristics)
For example, it may not:
a. Publish pursuant to Article 12 and Article 18 of the Copyright Law;
b. Transcribe pursuant to Article 14 of the Copyright Law;
c. Reproduce indirectly, temporarily within the meaning of Article 13 of the Copyright Law, except to the extent strictly necessary for the purposes of point 3.2.1.1
d. Make mechanical recording by means of sound or voice reproducing apparatus pursuant to Article 61 of the Copyright Law;
e. Performing, representing and/or acting pursuant to Article 15 of the Copyright Law;
f. Communicate or broadcast to the public, transmit and retransmit, as well as through ancillary online services, make direct entry of the Work, by any means (through the Internet, by wire, wireless, electronic, satellite, analog, etc.) pursuant to Articles 16, 16a, 16b, 16c and 16d of the Law on Copyright;
g. Distribute pursuant to Article 17 of the Copyright Law;
h. Rent and/or lend pursuant to Article 18 bis of the Copyright Law; and
i. Broadcast pursuant to Article 51 et seq. of the Copyright Law;
j. Making Derivative Works or even only partially derivative Works that are then the subject of one of the
rights referred to in this point 3.2.1.1 (communication, distribution, rental, etc.).
k. Resell, assign to third parties even free of charge, the purchased license;
l. Communicate, disseminate to the public the logic of the Presets settings.

3.2.3 Samples License: This license to use is solely with reference to and therefore applicable only to those Works
marked or indicated, on the information sheet, as “SAMPLES”.

3.2.3.1 The Samples Licensee shall have only and exclusively the following rights to use the Work:
a. Make downloads of copies of the Work at the electronic systems in use by the Buyer (in a maximum number equal to 2 times including the security copy) – The Seller may decide at his discretion to leave unlimited numbers of downloads;
b. Perform our 100% royalty free license;
c. View the technical characteristics of the Work;
d. Modify, translate and process the Work and the technical features associated with it (Art. 18 Copyright Law), I.e. may modify the Sounds and may use the Sounds for commercial purposes as part of a musical composition with other sounds.

3.2.3.2 The Samples Licensee is permitted to use the modified Work and the technical features pursuant to point 3.2.3.1.d only and exclusively for the following purposes:
a. Studying and learning the methods, techniques, and tools by which the Work was created;
b. To supplement it as an ancillary part of a Work of the overall ownership of the Owner for a period equal to 70 years from the publication of the original Work.

3.2.3.3 The Samples Licensee, conversely, is prohibited from performing any other operation other than those indicated in point 3.2.3.1, with the subject matter of the Work originally licensed for use (including the technical characteristics)
For example, it may not:
a. Publish under Article 12 and Article 18 of the Copyright Law;
b. Transcribe pursuant to Art. 14 of the Copyright Law;
c. Reproduce indirectly, temporarily within the meaning of Article 13 of the Copyright Law, except to the extent strictly necessary for the purposes of point 3.2.1.1
d. Make mechanical recording by means of sound or voice reproducing apparatus pursuant to Article 61 of the Copyright Law;
e. Performing, representing and/or acting pursuant to Article 15 of the Copyright Law;
f. Communicate or broadcast to the public, transmit and retransmit, as well as through ancillary online services, make direct entry of the Work, by any means (through the Internet, by wire, wireless, electronic, satellite, analog, etc.) pursuant to Articles 16, 16a, 16b, 16c and 16d of the Law on Copyright;
g. Distribute pursuant to Article 17 of the Copyright Law;
h. Rent and/or lend pursuant to Article 18 bis of the Copyright Law; and
i. Broadcast pursuant to Article 51 et seq. of the Copyright Law;
j. Making Derivative Works or even only partially derivative Works that are then the subject of one of the rights referred to in this point 3.2.1.1 (communication, distribution, rental, etc.).
k. Resell, assign to third parties, even free of charge, the purchased license;

3.2.4 Each Work may be enjoyed by buyers in the normal way of enjoying a phonogram, that is, mere listening through electronic devices and suitable applications.

3.2.4.1: It is NOT allowed to use the Works for training Artificial Intelligences, especially generative ones (art. 70b Copyright Law).

3.3 In any case, the buyer may not engage in promotional activities through the Works (even with merely ornamental functions such as commercial jingles or the like) or apology for illegal or unlawful conduct or lifestyle. For example of:
1. weapons;
2. pedophilia;
3. prostitution;
4. drug trafficking;
5. violent demonstrations or actions;
6. racist demonstrations or actions;
7. manifestations or actions that are clearly defamatory;
8. discriminatory manifestations or actions;
9. gender-based violence.

3.3.1 Original works may also not be published or otherwise made available, by any means (electronic or nonelectronic), to third parties. This is without prejudice to points 3.2.2.b and 3.2.3.2.b.

3.3.2 In the event the buyer performs the activities indicated in point 3.3, the seller may unilaterally revoke the licenses to use the relevant Works. In such case, notice will be brought to the electronic domicile of the registered User. The right to damages in favor of the Seller shall remain unaffected.

3.3.3 For the sole purpose of verifying that there are no violations of the provisions of this Article, the Seller may use computer tools to monitor the downloads, circulation and use of the Works available through its platform and apply DRM (Digital Rights Management).

4.1 The Buyer has no right to use, copy, disseminate content of any kind hosted on the Platform other than those covered by Article 3 of these conditions. Neither photos, descriptions of the Services, legal content, layout settings of the presentation of the Service, and any other element endowed with creativity present on the Platform may be used by the Buyer nor by users or visitors of the Service.
Any use therefore may be made only with prior written permission, including by email, from the Seller.

5.1 Price composition: The price appearing in the information sheet shall be understood as the final price that the user pays for each License to use Opera, including taxes, fees and other accessories (VAT, etc.).
5.2 In the case of several Works purchased by the buyer, the Seller shall notify the customer about the total price to be paid at the end of the technical procedure for acquiring the rights under the License but before the conclusion of the contract.
5.3 Calculation of the price: Prices are given in euros.
5.4 Cost of the means of communication used for the service: the service operates through connection to the Internet. It is the Buyer’s responsibility to check the connection costs of its tariff plan, which do not depend on the Seller and cannot affect the price of the service in any way, (and also cannot be deducted from the price of the service).

6 TECHNICAL STEPS
6.1 The technical steps for concluding the acquisition contract are those resulting from the sequence of pages in the wizard that appears on the Web Site:

6.1.1 In each case, the steps are as follows:
1. Identification of the Work: the Buyer, in navigation, consults the information sheets of the services and selects the Work;
2. Cart selection: the Buyer sees the total of the Works placed in the cart, showing the cost of each service and the total;
3. Payment and Payment Method Selection: consists of choosing, from the options allowed by the Seller, the payment method preferred by the Buyer.
4. Sending, by the Seller, of summary e-mail, containing an annex with the following information:
(a) List of the Works acquired with links to the relevant information pages;
(b) Total Price of the acquisition with specification of individual items;
(c) Method of Payment chosen by the Buyer;
(d) Terms and manner of execution of the right of withdrawal;
(e) Method of exercising rights related to the conformity warranty;
(f) Service contact address;
(g) Links to the Conditions applied to the contract;

6.1.2 SERVICE NOTE: The email referred to in this point is sent by the Seller, but the contract has already been concluded.

7.1 The Buyer, in order to pay for the services or services purchased, may choose from the payment methods indicated by the Seller (already in the information sheet). It will be possible to choose from the preferred methods indicated when creating his account, or there will be the possibility to indicate new and additional payment methods from those allowed by the Seller.

7.2 Time of the choice of payment method: The choice of payment must be made at the time of ordering (see the item on the technical steps of concluding the contract) and, once selected, cannot be changed.

7.3 Unauthorized or inaccurate debits: In the event of unauthorized or inaccurate charges, the Buyer is invited to promptly report the circumstance to the Seller, who will lend its utmost cooperation, by email to the following address support@projectavibes.com. In any case, the Buyer may apply to his bank, or to the provider handling the payment the credit card to request the return of the amount unduly charged to him.

7.4 Payment Provider (e.g. PayPal, Stripe, Satispay). The Customer may choose to pay through one of the Payment Providers (online or at licensed establishments) chosen by the Seller. The Customer who chooses this form of payment is directed to the respective Payment Platforms.

7.4.1 In such cases, the Provider, whose site and relevant terms of use are invited to visit, executes the debit immediately.

8.1 How and to whom: delivery consists in the activation of the download functionality of the Work at the electronic/digital systems in use by the Buyer, subsequent to the Payment made pursuant to These conditions.

8.1.1 The download functionality shall be executable by means of a special button present on a page within the Reserved Area attributed to each account or otherwise available on the Platform.

8.2 The file of the Work will remain available for downloading at the restricted page of each account for 30 days from the day of Payment. Once No. 2 (two) downloads of the Work have been made, the download functionality will no longer be available – The Seller may decide at his discretion to leave extra/unlimited numbers of downloads.

8.3 In the event the Buyer wishes to perform the download prior to the end of the 14-day period for the exercise of the right of withdrawal, the Buyer may do so only upon express waiver of the right of withdrawal.

9.1 What is Buyer’s withdrawal? The right of withdrawal is a simple right of second thought. Therefore, the Buyer does not have to justify it, and may exercise it even when the product is fully efficient and conforms to the description made of it by the Seller, but he (the Buyer) has simply changed his mind and, after purchasing the License, no longer intends to use it and therefore intends to obtain a refund of the price.

9.2 Time limits for exercising withdrawal: The right of withdrawal may be exercised within 14 days from the date of conclusion of the contract.
PLEASE NOTE: Once even one of the two copies has been downloaded, the right of withdrawal can no longer be exercised. Therefore, the buyer has the following two options:
A) Wait 14 days after purchase before proceeding with the download. In that case he/she may withdraw within that period;
B) Make the download before the expiration of the 14 days. He/she will be able to do so subject to a waiver of the right of withdrawal. From the time of downloading then the Buyer may no longer withdraw.

9.3 Procedure: The Buyer may use the form provided by the Seller or send an email to support@projectavibes.com, with the following Subject: withdrawal statement. In such email the Buyer communicates in free form the will to withdraw and indicates Works and Licenses acquired with respect to which he/she exercises withdrawal.

9.4 Following the exercise of the right of withdrawal, the Seller shall deactivate the download function referred to in Article 8.

9.5 Costs and Refunds: following the exercise of the right of withdrawal, the Seller shall refund to the Buyer the full amount paid by way of price.

10.1 When the Buyer of the Service is entitled to warranty: The Seller shall be liable to the consumer Buyer for defects of conformity under the Italian Consumer Code existing at the time of delivery. For the purposes of this Article, “digital content or digital service” shall mean “Work” for the purposes of this contract.

10.2 To conform to the contract, the digital content or digital service must meet the following subjective requirements, where relevant:
a. match the description, quantity, and quality set forth in the contract and exhibit functionality, compatibility, interoperability, and the other features set forth in the contract;
b. be suitable for any particular use intended by the consumer and which has been brought to the Seller’s attention by the consumer no later than at the time of the conclusion of the contract and which the professional has accepted;
c. be provided together with all accessories, instructions, including those pertaining to installation, required by the contract; and
d. be updated as required by the contract.

10.3 In addition to meeting the subjective compliance requirements, to be in compliance with the sales contract, the service must meet the following objective requirements, where relevant:
a. be suitable for the purposes for which digital content or a digital service of the same type would ordinarily be used, taking into account, where applicable, existing European Union and national law and technical standards, or, in the absence of such technical standards, applicable industry-specific codes of practice;
b. be of the quantity and present the quality and performance characteristics, including with respect to functionality, compatibility, accessibility, continuity and security, that are customarily found in digital content or digital services of the same type and that the consumer can reasonably expect, taking into account the nature of the digital content or digital service, taking into account any public statements made by or on behalf of the professional or other parties as part of previous steps in the distribution contractual chain, especially in advertisements and labeling, unless the professional demonstrates, also alternatively, that:
i. was not aware and could not reasonably have been aware of the public statement in question;
ii. at the time of the conclusion of the contract, the public statement had been rectified in the same or comparable manner as when it was made; or
iii. the decision to purchase the digital content or digital service could not have been influenced by the public statement;
c. where relevant, be provided together with any accessories and instructions that the consumer could reasonably expect to receive; and
d. be in accordance with any trial or preview version of the digital content or digital service made available by the professional prior to the conclusion of the contract.

10.5 There is no lack of conformity if, at the time of the conclusion of the contract, the consumer was specifically informed that a particular feature of the digital content or digital service deviated from the objective conformity requirements of these provisions and the consumer expressly and separately agreed to such deviation at the time of the conclusion of the contract.

10.5.1 Unless otherwise agreed by the parties, the digital content or digital service is provided in the latest version available at the time of the conclusion of the contract.

10.6 Any lack of conformity that results from improper integration of the digital content or digital service into the consumer’s digital environment shall be considered a lack of conformity of the digital content or digital service if:
I. the digital content or digital service was integrated by or under the responsibility of the professional; or
II. the digital content or digital service required integration by the consumer and the faulty integration is due to a deficiency in the integration instructions provided by the professional.

10.7 Towards whom the Warranty right applies: The Buyer is entitled to the Warranty towards the Seller.

10.8 Terms. The Warranty operates for a time equal to two years from the last day of availability of the download of the digital content or service.
The Buyer’s action against the Seller shall be time-barred in twenty-six months from delivery of the service. This short period shall not operate where defects have been maliciously concealed by the Seller.

10.9 Procedure for activating the Warranty. The warranty may be exercised by sending an e-mail to the following address: support@projectavibes.com.

10.9.1 The e-mail must specifically state the content covered by the warranty.

10.10 Buyer’s Rights. In case of lack of conformity of the goods, the consumer has the right to the restoration of conformity, or to receive an appropriate reduction in the price, or the termination of the contract.

10.11 The consumer has the right to restoration of conformity, or to receive a proportionate reduction in price, or to terminate the contract.

10.12 The professional may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or deactivating the consumer’s user account.

11.1 Without prejudice to what is reported on the subject of withdrawal, delivery and warranty, for which please refer to the relevant chapters of this document, the Seller offers a customer support service available to Customers.

11.1.1 The support service will take up requests about problems with the functioning of the computer system used by registered users and will recommend, if necessary, appropriate measures to try to solve such problems.

11.2 The service, run by operators who speak Italian (and also English), can be reached in the following ways: E-mail: support@projectavibes.com
Tel: +3934503012170
The service operates on the following days and with the following hours:
MONDAY/FRIDAY 8 AM – 8 PM (CET)

11.3 The Customare Care service does not respond to communications that are not in Italian or English and anyway will send the response in Italian or English.

12.1: This contract, as well as the other texts, is written in the Italian language. Likewise, information and communications to Buyers and Users are drafted in the same language.

12.2: The interpretation, lexical and legal meaning, of the contract refers to the Italian language. Any other languages shall only be translations of the same, but in case of conflict in interpretation the lexical and legal meaning of the Italian version shall prevail.

12.3: Italian Law shall apply to this contract.

13.1: The Court of the place of residence or domicile of the Consumer Buyer (i.e., if he/she buys for reasons unrelated to his/her entrepreneurial, handicraft, commercial or professional activity) shall have jurisdiction over disputes relating to the sales relationship under this service.

14.1: It is given to the Buyer the option to resort to ODR (Online Dispute Resolution) systems.
The Seller does not adhere to any particular alternative dispute resolution tool. Attached is a link to the tool made available to Professionals and Consumers in general, which is accessible to all: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT
For the purpose of activating the above procedure, the email address of the Seller/Professional is as follows:
projectavibes@pec.it

15.1 The personal data of the Buyer, who is already a User of the Service, are processed in accordance with the Privacy Policy.

15.2 Without prejudice to what is set out in the privacy notices, the personal data of the Buyer are processed for the purpose of registering the client and activating towards him/her the procedures for the execution of the contract and the necessary communications. Such data, in accordance with what is stated in the information notice, are processed electronically, and will be communicated to delegated parties for the performance of activities necessary for the execution of the contract (e.g. programmers).

I have read and understood the above conditions and by submitting the acquisition order I accept them.