Premise
The Service provided in our Internet portal www.cubamusic.biz is regulated by the following General Terms of the Contract governing its use in accordance with copyright regulations, regulations protecting e-trade users in Italy (inter alia.: Decree Law 70/03, Decree Law n. 185/99; Decree Law n. 50/92), and laws protecting privacy (L. n. 675/96 and Decree Law 196/03 from January 1, 2004). Therefore, the following terms shall be read carefully so as to be informed on rights attributed by law and obligations to be complied with.   The use of this Service implies a commitment to respect the General Terms of the Contract and conditions specified therein.

1.    Subjects of contracting relations
These General Terms of the Contract regulate the contracting relations between SANGY srl (Cubamusic Division) , with legal residence in Vicenza, Contra' S.Ambrogio, 13 - P.IVA 02615170244, registration number 260636 in the Register of Enterprises (hereinafter called " Cubamusic.com ") and any other user (hereinafter called "The Client" ) using the Service proposed in Internet portal address URL http://www.cubamusic.com


2.    Object of the Service
Internet Cubamusic.com portal places at the disposal of the public a selection of musical fragments, either to be listened to as a free of charge demonstration (to be specifically indicated) or to be purchased if downloaded (hereinafter called "download"). Upon payment of the indicated price for each fragment any Client can download the selected musical fragments among those available at the portal.   This Service assumes the Client has the corresponding hardware and software available for the correct operation of this Service.   Otherwise, the Service would not be operational and Cubamusic.com shall not be deemed liable for this. Information on required devices to listen to and/or purchase the music proposed by Cubamusic.com is clearly provided and illustrated at the portal itself under the section entitled "FAQ" ( Frequently Asked Questions ). In order to widen the scope of this Service, Cubamusic.com can resort to third parties both for the Service management itself and for increasing the supply to be offered to the public.

3.    Correction of data introduced and acceptance of liabilities.
The Client shall introduce in a precise, correct and complete way every data required with the purpose of implementing this contract and shall be liable for damages resulting from inaccuracy of data provided.   In conformity with Article 7, paragraph 1c of Decree Law 70/03, any question, clarification and/or modification concerning such data shall be directly notified to Cubamusic.com to the following address:

SANGY srl (Cubamusic Division)
Contra' S.Ambrogio, 13   -   36100 VICENZA (Italy)
Tel. (+39) 0444 324426 Fax (+39) 0444 325121
Indirizzo e-mail: info@cubamusic.com

4.    Conclusion of Contract
After selecting the musical fragments to be bought to download, by clicking " add to cart ", the Client shall select " buy to download " so as to complete the purchase.   In the opened page, the Client shall introduce the information required by the system or, in the case of a registered user, introduce his/her own logging and password. Once the registration is made and the corresponding information is confirmed, the user shall have access to a summarized list of fragments selected for purchase.   At this point, by clicking " purchase songs ", the Client is sent to a bank page where he/she shall introduce every data of the credit card with which he/she is going to pay.   Once such data is correctly introduced, by pressing the "ok" key the payment is checked by the bank and, if accepted, the Contract has been executed . Of course, the right to download the musical fragments depends on the accuracy of credit card data and, especially, the credit worthiness of the user.   Therefore, the user shall correctly introduce every data required.   This Service shall not be provided If, once checked, information introduced is not accurate, correct or complete.

Then, Cubamusic.com shall send by e-mail, to the e-mail address provided by the Client, a valid document as purchasing proof of this Service.   Therefore, the Client shall notify the correct e-mail address for the execution of this Contract and the use of this Service by the Client. In order to receive the purchase-proof document and the corresponding order, as well as to notify and solve eventual problems with the Service, the e-mail address shall be correctly typed. This depends on the Client's approval (likewise in conformity with art. 10 Decree Law n. 185/99) to receive notifications by Cubamusic.com aimed at granting this purchase-proof document and guaranteeing the best use of this Service and the Client's satisfaction.

5.    Assignment of Contract
Sangy srl has the undisputed right to assign the Contract agreed upon with the Client to third parties after purchases at Cubamusic.com portal are made.

6.    Download modes and preservation of musical fragments
Once payment is made through the bank page, the Client shall return to the Cubamusic.com portal and, specifically, to the download page for musical fragments. After downloading, the file will remain in the Client's computer as any other MP3 or WMA file and he/she can listen to it using a reader compatible with such formats.   Besides the software, the Client shall also have a sound (audio) card installed in the computer and the corresponding speakers or earphones.
IMPORTANT:

•  Downloading shall be made within the 24 hours following the order!
•  When downloading, the system shall send the corresponding license for use that grants the Client the right to transfer the musical fragment or fragments purchased to compatible MP3 or SDMI readers or master CD.
•  The downloading and mastering are of exclusive private use
(See Articles 11, 12 and 13 below).

7.    Transparency of prices
The Service prices, VAT included (as provided by regulations in force), are those indicated at the portal at the time the order is placed by the Client and, evidently, shall remain the same until downloading operations conclude.   Prices can be modified at any time, even without prior notification, by their previous publication at the portal.

8.     Payment safety
The purchase of musical fragments in Cubamusic.com by the Client shall be made by credit card or by the way selected among those available and indicated at the portal.   Credit card payment is safe since it is guaranteed by the " Bank Pass Web" Service of SiServizi , available to Unicredit Banca spa . In fact, the system codifies information on the user's credit card in order to guarantee both safety and privacy of data introduced.   This payment tool anticipates that the holder of the credit card is providing sensitive information (card number, expiry date, name, etc.) directly to the bank and not to Cubamusic.com or Service provider.

  Therefore, the payment transaction is directly managed and closed in a "safe" bank server and not in that of Cubamusic.com . The Bank verifies this information and, then, communicates both Cubamusic.com and the Client on the successful transaction through a response page providing the Client with information on the conclusion, either positive or negative, of the transaction itself. For more information on payment safety please visit www.sis-bankpassweb.it. The Client shall notify Cubamusic.com on any payment arrears within 60 days following receipt of notification of arrears.   The failure to notify within the above-mentioned period of time shall result in the automatic waive by the Client to any challenge.

9.    Right to termination
In conformity with Article 5, paragraph 3 a of Decree Law n. 185/99, if the Client has initiated the downloading of a musical fragment, he/she shall not have the right to terminate this Contract.

•  Downloading interruption
If the downloading page is still open, the Client only has to press again the link corresponding to the musical fragment he/she wishes to download.   As an alternative, you can enter and access the site of the downloading page once more by introducing your own logging and password sent at the time of registration. If any difficulty arises when downloading, the Client can send an e-mail to support@cubamusic.com , indicating details concerning the operation and problems faced.   Said notification shall, if sent within the time fixed, reach Cubamusic.com as fast as possible and within eight days from payment.

•  Scope of liabilities
This Service is provided in real/de facto mode stated without any warranty whatsoever and its operation depends on the correct use by the Client. Cubamusic.com shall only be liable for any delay or deficiency in services resulting from damages or serious guilt directly associated with it. Cubamusic.com shall not provide any warranty, including without limitation, any implicit marketing or ideal warranty for a private purpose or correct functioning of this Service.   The Client shall be liable for any risk derived from the use of this Service. In any case Cubamusic.com shall be deemed liable for resulting, incidental, indirect or any other damage, including damages caused   by lack of economic profits, stoppage of business activities, computer malfunctioning, hardware or software problems, loss of information or data or any other damage suffered by the Client while using this Service or in case Cubamusic.com has been notified on the potential occurrence of such damages. Cubamusic.com, limited to the dissemination and marketing of musical fragments made available through this Service, has no direct control over them and in any way shall guarantee them from being eventually offensive, obscene, slandering, illegal or even damaging for third parties` rights. Cubamusic.com shall be rendered harmless for the material received through this Service.
•  Ownership of rights

As provided by Cubamusic.com this Service is protected by laws in force concerning copyright and any other applicable regulation, ownership, right of use and commercial usufruct, as well as any other right, including the copyright of exclusive ownership of any rightful owner as frequently indicated on the portal information notes (save in case of errors and/or omission). The Client has the right to master the downloaded musical fragments but only and exclusively for their private use .

13.    Client's Obligations
The use of this Service shall be strictly personal and in any way can it be used for commercial purposes, not even in an indirect way. Especially, the Client -who shall ensure the ownership over every right, patent or other license required for the use of this Service--cannot:
•  modify, translate, distribute or create jobs associated with this Service or any part of it;
•  copy or redistribute this Service of part of it in any field; •  eliminate property notifications or labels, or digital marks identifying this Service or part of it;
•  modify, disassemble or alter in any way this Service of part of it;
•  use the Service or part of it in such a way as to infringe the rights of intellectual property of authors of musical fragments, producers and other right owners of such musical fragments;
•  use the Service to offer, in turn, another Service or part of this Service to third parties. The Service and the Cubamusic.com portal as a whole, whose information content and creative aspect have been created and devised by Sangy srl, are protected by copyright and intellectual property laws in force. Besides the Client shall use this Service in accordance with the " netiquette " (or generally accepted regulations on the correct use of Internet), shall not make any "spamming" nor cause any problem to third parties. The Client shall render Cubamusic.com harmless from any other cost, damage or expenses derived from the use of this Service in a way not included in this Contract.   The Client agrees to render Cubamusic.com, its officials, operators and staff harmless from any loss, damage, liability, negative consequence or expenses in any way associated with claims against the user for having used materials or products of this Service in violation of applicable regulations, rights of third parties or the terms of this Contract. The Service is only provided for the explicitly authorized use and in relation to products, software, applications or other tools duly authorized to be used by the Client.

14.    System to protect musical fragments.   "Impossibility of tracking" Code.
With the purpose of guaranteeing rights of third parties over downloaded musical fragments and respecting the Client's duties derived from the adoption of this Contract, the Service provided by Cubamusic.com has introduced a private ciphered code in each musical fragment which is frequently changed and linked to the user who bought the download ( Secure Music System ).   This code does not interfere with the sound quality of the downloaded musical fragment.   Therefore, the Client is informed of this code and shall agree with its insertion to trace the violation source, illegal use and/or unauthorized dissemination.

15.    Confidentiality over personal information
Law No. 675 from 1996 and January 1st, 2004, the Decree Law   n. 196/03, protect confidentiality over personal information.   Consequently, SANGY srl can request again the notification of personal data for further rectification or termination:   the purposes and modalities for data processing and any other useful information are clearly explained in the information contained in the registration document for the Service provided by Cubamusic.com portal agreed upon by the Client.

16.    Information on further services
SANGY srl, with special reference to Cubamusic.com portal, can send the Client information e-mails on new services and offers if the Client has previously sent his/her consent.   Nevertheless, if the Client does not want to continue receiving these e-mails, he/she can request the termination of such deliveries at any time.

17.    Preservation of the General Terms of the Service
In order to use the Service the General Terms of the Service shall be carefully read since they must be fully understood to be comprehensively accepted by the Client. Therefore, once the use of the on line Service concludes, the Client shall, preserve these terms of sale with the purpose of fully complying with Law n. 185/99.

18.    Applicable Laws.   Competent Forum
On line purchases made through Cubamusic.com portal are governed by Italian laws.   Any kind of claim associated with the validity, interpretation and execution of purchases in this site shall be settled by the residential forum or domicile of the Client if in the Italian territory and in the case of Clients under law No. 185/99 by the Milan forum.

19.    Adoption of contracting clauses
The Client states that he/she has carefully read and accepted the General Terms of the Contract hereunder with the purpose of using this Service, especially clause 3 (correction of data introduced and acceptance of liabilities); clause 4 (termination of contract); clause 8 (right to termination); clause 9 (downloading interruption); clause 10 (scope of liabilities); clause 12 (client's obligations); clause 17 (competent forum); and clause 18 (adoption of contracting clauses).