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General Terms and Conditions

1. DEFINITIONS

Terms and Conditions of Use”: the terms and conditions that apply to the contract for use of the Site, published on the Site under the section “Terms and Conditions of Use” from time to time.

Code of Conduct”: the rules to which Users are subject.

“Consumer”: an individual acting for purposes unrelated to any business, commercial, artisanal or professional activity.

“Collaborator”: an individual, group of individuals or legal entities acting for business, commercial, artisanal or professional activity related purposes.

“Content”: the text, software, graphics, brands, logos, domain names, photographs, soundtracks, musical content, video, audiovisual content, functions, technical documents, manuals and any other materials that can be viewed and accessed through the Site.

“Contract”:  the contract made between a Consumer or Collaborator and Dana Simion – Artist for access to the Site and use of the Content.

“Dana Simion – Artist”: Dana Simion – Artist SRL, Bucharest, Romania, also referred as Dana Simion.

“Materials”: the text, graphics, photos, soundtracks, musical, video and audiovisual content and any other material uploaded by the User onto the Site using the procedures required by  Dana Simion – Artist.

 “Party”/ “Parties”: each party to the contract, i.e. the Consumer, Collaborator or Dana Simion – Artist, or all of them.

“Service”: use of the Site, access to the Content and functions.

“Site”:  the website www.danasimion.com including its sub-sites related directly to Dana Simion and/or connected to Dana Simion domain names.

“User”: anyone accessing the Site to browse it or use the content. 

2. INTRODUCTION

The official website of Dana Simion – Artist SRL, www.danasimion.com, is an online information and entertainment portal that provides updates on the main Dana Simion – Artist events. The Site and its sub-sites also offer an overview of Dana Simion’s main promotional and commercial activities, products and services, and modes of access.

The Service comprises the provision of access to the Site and its content to users, for entertainment and information purposes.

3. TERMS AND CONDITIONS OF THE SERVICE

The terms and conditions of the Service consist of: (a) Terms and Conditions of Use of the Site www.danasimion.com which also apply to all the sub-sites accessible through the Site and/or connected to Dana Simion – Artist domain names, (b) Code of Conduct for Customers and Collaborators.

The Terms and Conditions of Use and the Code of Conduct apply to all Users.

Users are asked to read the Terms and Conditions of Use and the Code of Conduct carefully.

Certain services may be age-restricted.

Access to the Service is reserved to Users such as consumers, who visit the site for personal reasons and not for reasons related to their business, trade or profession.

Access to the Site (www.danasimion.comand its sub-sites) and any action that involves browsing its pages implies the User’s full acceptance of the Terms and Conditions of Use and Code of Conduct in force at the time of access, as published on the Site.

If the User does not accept the Terms and Conditions of Use and/or the Code of Conduct, he or she should stop browsing the site and using the Service.

The User may be asked to expressly accept the Terms and Conditions of Use and/or the Code of Conduct: in such a case, access to all or part of the Service will be subject to acceptance by the User.

4. UPDATING OF TERMS AND CONDITIONS OF USE AND CODE OF CONDUCT

The Service is subject to regular updates, therefore Dana Simion may update the Terms and Conditions of Use and the Code of Conduct at any time, without the Users being given prior notice.

Users are asked to view the Terms and Conditions of Use and the Code of Conduct, accessible through the links: http://danasimion.com/terms/ and http://danasimion.com/conduct/ before using Dana Simion Services.

5. TERMS AND CONDITIONS OF SPECIFIC SERVICES

Offers regarding specific goods and services may be subject to specific terms and conditions, which will be published on the Site.

In such a case the specific terms and conditions will prevail over the Terms and Conditions of Use, where there is a conflict.

6. RESTRICTIONS ON USE OF THE SERVICE

Use of the Service is subject to the following limitations, which the User hereby accepts.

Failure to comply with the following restrictions constitutes a violation of the Terms of Use and will give Dana Simion – Artist the right to terminate the Contract unilaterally.

The User may not copy, reproduce, publish, upload, transcribe, transmit or distribute the Site Content at any time or in any form, without the prior written authorization of Dana Simion, except for those activities expressly permitted to Users who may print, download and view part of the Site Content purely for personal non-commercial reasons, on condition that the materials are not altered in any way and that all the information concerning intellectual or industrial property rights is preserved.

Users are prohibited from circulating any part of the Site Content through channels such as the internet, television, radio or other systems, without the prior written authorization of Dana Simion.

Users may not modify the Site or the Content.

Users may not violate or attempt to violate or evade the protection and security systems used on the Site.

Users may not utilize the Site or the Content for commercial reasons. In particular, no advertisement, publicity, sponsorship, promotion or similar item may be added by Users to any page on the Site in the form of announcements, photos or film clips. Users may not encourage other Users to enter into business transactions. The sale of Content is prohibited.

The User may not utilize the Content for commercial purposes in order to set up databases of any kind or to archive all or part of the Content in existing databases, whether private or made accessible to third parties. In particular, Users may not gather the personal details of other Users of the Site or the Services.

7. RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY

All Content on the Site is protected by copyright and industrial property laws.

Any unauthorized removal or re-use of material on the Site is prohibited, in the same way as any other activity that could harm the legitimate interests of the authors or owners of the copyrighted works.

The Site and its Content can only be used for personal, educational or instructional purposes, with the exclusion of any direct or indirect commercial purpose. The details of the owner of the intellectual property rights must always be mentioned and left intact, and the Content may not be modified in any way.

Site Content may include but is not limited to:

The text, software, graphics, trademarks, logos, domain names, photos, sound, musical, video and audiovisual content, the functions, technical documents, manuals and any other material that can be viewed or accessed through the Site including databases, graphics, tables, slogans, animations, drawings, and any other graphic or textual element.

No part of the Site Content may be copied and/or reproduced without the express authorization of Dana Simion.

The trademarks, domain names, trade names, company names and signs on the Site are the sole property of Dana Simion, and are registered and protected by laws and regulations on distinctive marks. They may not be reproduced in any form without the express authorization of Dana Simion, and the “Dana Simion” mark may not be registered on any top level domain.

The pages of the Site may also contain marks, domain names, company names and signs owned by third parties with whom Dana Simion has dealings, who enjoy the same level of legal protection as that of the distinctive marks of Dana Simion.

The use of distinctive marks such as metatags and html commands is strictly prohibited, as although they do not allow the display or formatting of a certain command, they provide instructions to online agents or search engines to boost the search results of sites other than those linked to Dana Simion.

8. MATERIALS UPLOADED BY THE USER

Users may be allowed to upload Materials (text, photos, film clips, content, text from blogs or forums etc.) on specific pages or sections of the Site, and they may send in Materials for publication on the Site. Such materials may be published and circulated on the Site in accordance with the following rules, and in connection with specific events according to the rules applicable from time to time.

The User accepts that the uploading of Materials on the Site automatically enables the acceptance of the following rules, which he undertakes to comply with.

The User confirms that he or she owns all the copyrights to the Materials uploaded or submitted, and that he or she has obtained consent and acceptance from any other parties holding rights to the Materials.

Illegal materials and those that violate third party rights may not be published or uploaded on the Site. The User confirms that the reproduction of Materials on the Site does not violate any rule of law or third party rights.

By uploading materials onto the Site, the User grants Dana Simion a free, non-exclusive, transferable licence to the Materials, valid for the whole world and including the right of sub-licence, to use, publish, circulate, reproduce, distribute, adapt and use in derived works connected to provision of the Service and/or as part of Dana Simion’s commercial campaigns. The User also grants each Service User a free, non-exclusive, transferable licence for the whole world to access the Materials via the Service and to use, reproduce, distribute, adapt and use them in derived works.

The above licences are granted on an open-ended basis. The User hereby accepts that he or she may not revoke the licences granted to Dana Simion nor to other Users once the Material have been uploaded on the  Site.

The User accepts full responsibility for the Materials uploaded on the Site, and expressly agrees to indemnify Dana Simion in respect of any adverse consequences of publishing the Materials and in respect of all the loss or damage, costs and expenses including legal expenses that Dana Simion may incur as a result of using the Materials.

The User is aware that in any event, publication of the Materials is not guaranteed and is at the discretion of Dana Simion. The Materials will be retained by Dana Simion and may not be returned. They may be verified by Dana Simion as the Site administrator. Dana Simion may, at its discretion, also remove any Materials at its own discretion, without the need to give a reason.

9. HYPERTEXT LINKS TO THIRD PARTY SITES

The Site may include hypertext links to third party sites. Hypertext links have the sole purpose of facilitating the browsing experience without there being any relationship between the content of the Site and the third party site.

Dana Simion accepts no responsibility for the functioning of the links, the content, structure, truthfulness, accuracy or adequacy of the materials or information found on third party sites, nor for the accessibility of third party sites linked to its own.

The User accepts that, by accessing a third party site via a hypertext link, at the time he leaves the Site and the Service the Terms and Conditions of Use shall no longer apply and the specific conditions of use issued by the third party site will apply instead.

In particular, the User is aware that access to third party messaging and social networking sites through hypertext links results in the application of the specific conditions of use applied by the owners of such sites.

10. FRAMING

Framing links, which allow a website page to appear on a specific page of another site while the content of that page appears inside a frame instead of a separate browser window, are prohibited.

The violation of this article will be subject to prosecution, also with regard to unfair competition, and is governed by the applicable laws.

11. DISCLAIMER

All of the content on the Site is provided for information purposes only. Dana Simion gives no warranty as to its accuracy or completeness, and reserves the right to amend and update the content without prior notice. Dana Simion will not be held liable for any direct or indirect loss or damage including loss of profits that may derive from the use or impossibility of using the Site and its content, or from the use of sites connected directly or indirectly to it, or from errors or omissions.

12. COMMUNITY
We strongly believe that the Dana Simion Community should be a great space for all individuals, groups and their ideas. As such, any inappropriate comment will be removed and you may lose your ability to engage with us in the future. This includes: URLs of third party websites which may contain offensive or illegal material;  racist, sexist, abusive or otherwise objectionable contents; swear words of any kind; posts made to appear as if they have been posted by someone else (impersonation); personal details included (yours or someone else’s – such as phone numbers and addresses); Comments repeated more than once (spam) and/or that deviates widely from the topic of the thread or blog.

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