1. Introduction

Thank you for choosing to use PlayFilarmonica app, website, services and related features issued by Musicom.it S.r.l. (collectively called “Service“).

The Service is provided by Musicom.it S.r.l., with registered office in Via Dante 17, 25122, Brescia (Italy).

Please read these Terms of Use (these “Terms“) carefully as they govern your use of (which includes access to) the Service for streaming music and other content, including any videos, podcasts, or other material that is made available through the Service (the “Content“).

These Terms may be subject to additional terms and conditions, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise using, the Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Service or access any Content.

Age and eligibility requirements
In order to use the Service and access any Content the user is not subject to any age restrictions.
You need to (1) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (2) reside in a country where the Service is available. You also promise that any registration information that you submit is true, accurate, and complete, and you agree to keep it that way at all times.

2. The Service Provided by Us

Service Options
We provide numerous Service options: certain Service options are provided free-of-charge, while other options require payment before they can be accessed (the “Paid Subscriptions“). We may also offer special promotional plans, memberships, or services.

Trials
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial“). By using a Service via a Trial, you agree to the Premium Promotional Offer Terms.

Third-Party Applications, Devices and Open Source Software
The Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services (“Third-Party Applications“) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices“). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Musicom.it S.r.l. does not guarantee that Third-Party Applications and Devices will be compatible with the Service.

Service Limitations and Modifications
Our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:

• The Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements;
• We aim to evolve and improve our Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Service (including particular functions, features, subscription plans and promotional offerings)

Musicom.it S.r.l has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

3. Your Use of the Service

Creating an account
You may need to create an account through PlayFilarmonica app to use all or part of the Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password.

Your rights to use the Service
Access to the Services
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, “Access”). This Access shall remain in effect unless and until terminated by you or Musicom.it S.r.l.
You agree that you will not redistribute or transfer the Service or the Content.

The software applications and the Content are licensed, not sold or transferred to you, and Musicom.it S.r.l. and its licensors retain ownership of all copies of the software applications and Content even after installation on your Devices.

Musicom.it S.r.l.’s Proprietary Rights
The Service and the Content are the property of Musicom.it S.r.l. or Musicom.it S.r.l.’s licensors.

You agree to abide by the User Guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

User Guidelines
We’ve established guidelines for using the Service, to make sure the Service stays enjoyable for everyone (“User Guidelines“). In using the Service, you must comply with the User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

4. Problems and Disputes

Suspending and terminating the Services
These Terms will continue to apply to you until terminated by either you or Musicom.it S.r.l.
Musicom.it S.r.l. may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Musicom.it S.r.l. terminate these Terms, or if Musicom.it S.r.l. suspends your access to the Service, you agree that Musicom.it S.r.l. shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Musicom.it S.r.l. will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Service. To learn how to terminate your account, please use the “Delete account” button inside the app or Customer Support resources.

Warranty disclaimers
Musicom.it S.r.l. will provide the Service using reasonable care and skill and in accordance with any specification of the Service provided; however, subject to that, the Service is provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. Further, Musicom.it S.r.l. and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Musicom.it S.r.l. nor any owner of content warrants that the Service or Content is free of malware or other harmful components. In addition, Musicom.it S.r.l. makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Service or any hyperlinked website. Musicom.it S.r.l. is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Musicom.it S.r.l. shall create any warranty on behalf of Musicom.it S.r.l.

Limitation of Liability
Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to uninstall any software and to stop using the Service. You agree that Musicom.it S.r.l. has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Musicom.it S.r.l., for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

Jurisdiction for all disputes related to the interpretation or execution of contracts will be exclusively the Court of Milan.

5. About these Terms

Changes
We may make changes to these Terms (including any additional terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire Agreement
These Terms constitute all the terms and conditions agreed upon between you and Musicom.it S.r.l. and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the Service are incorporated herein by reference.

Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.