1. Activation, access to, and use of the Service require the Client to have an adequate Internet connection and a standard web browser. The efficiency and reliability of the Service depend significantly on the quality and stability of such connection.
2. Upon completion of the activation procedure, the Client will be provided with a dedicated account containing the Client’s information, which must be kept accurate and up to date at all times. The Supplier shall bear no responsibility for any failure to deliver communications resulting from inaccurate information contained in the Client’s account.
3. The Service allows the Client, upon accessing its account, to store digital content in the space allocated to the Client and to send digital cards to its recipients. The Client expressly acknowledges, however, that recipients must agree to receive the digital cards sent by the Client; otherwise, such digital cards cannot be delivered by the Supplier.
4. The Service enables the Client to track digital cards sent and to record the dates and times of delivery and opening of such digital cards by recipients, as well as the viewing of the related digital content. The Client expressly acknowledges that the Supplier’s ability to perform such activities depends upon the recipient’s consent to such tracking and recording in accordance with applicable personal data protection laws.
5. Digital content stored by the Client in the allocated storage space may be distributed to recipients both by download and by streaming.
6. The Service allows the Client to store digital content up to the maximum storage capacity, expressed in bytes, provided for under the subscription plan selected by the Client.
7. The Service allows the Client to send the maximum monthly number of digital cards provided for under the subscription plan selected by the Client.
8. The Supplier does not guarantee any specific transmission times (in the technical sense) for digital cards sent by the Client. Delivery shall occur according to the timing allowed by the communication networks to which the Service infrastructure is connected and by the activities of the suppliers engaged by the Supplier for the actual delivery of digital cards to recipients.
9. Access to and use of the Service are carried out by the Client independently and under the Client’s sole responsibility at every stage and for every functionality of the Service.
10. The Client shall be solely and exclusively responsible for all content stored in its reserved space and for any loss of or damage to such content, whether total or partial.
11. The Client shall be solely and exclusively responsible for the names and contact details of recipients stored in its reserved space and for any loss of or damage to such information, whether total or partial.
12. The Client independently decides which content to store in its reserved space, which content to distribute, and to whom such content is distributed.
13. The Supplier merely provides the technical transmission of information uploaded by the Client to the system and stored therein to the recipients selected by the Client.
14.The Client expressly acknowledges that the Service has been developed by the Supplier for use exclusively within the music industry and for no other purpose.
15. The Service is intended exclusively for operators in the music industry for the communication of music-related information, news, and content. Each Client must fully comply with all applicable copyright laws and must possess all rights, authorizations, licenses, permits, and any other legal requirements necessary to distribute digital content to recipients through the Service.
16. Confirmation of the Service subscription by the Supplier and the consequent activation of the Service shall not constitute any authorization, approval, or consent, whether prior or subsequent, by the Supplier, which remains entirely unrelated to the activities carried out by the Client through the use of the Service.
17. The Supplier merely makes its infrastructure available to the Client so that the Client may use it within the scope of its activities and in accordance with these Rules. The Client is therefore solely responsible for the use of the Service and shall be directly liable for any breach of laws or regulations committed through the use of the Service or in connection with content distributed to recipients.
18. Any unlawful, improper, or unauthorized use of the Service, including use intended to achieve unlawful or improper purposes, whether directly or indirectly, is strictly prohibited.
19. The Client undertakes not to store in its reserved space or distribute to recipients any content:
(i) which the Client is not entitled to use for the purposes of the Service and, in particular, content which the Client is not entitled to copy, transmit, distribute, or disseminate lawfully;
(ii) for which the Client has not obtained authorization from the holders of the relevant intellectual or industrial property rights or from the individuals or entities represented, mentioned, or referred to therein (including artists, producers, promoters, record labels, publishers, and similar parties);
(iii) that infringes or misappropriates the rights of third parties;
(iv) that is false, misleading, or deceptive;
(v) that is defamatory;
(vi) that is obscene, pornographic, offensive, or otherwise objectionable, including content relating to sex, race, religion, or political opinions;
(vii) that promotes subversive activities, incites violence, encourages the commission of criminal offences, or otherwise violates laws or public order.
20. It is prohibited to harass, threaten, or harm other clients or recipients of digital cards in any manner, including through viruses, spam, unsolicited emails, junk mail, chain messages, or similar means.
21. It is prohibited to impersonate, or appear to impersonate, any other person or entity, or otherwise create confusion regarding one’s identity or the identity of another client, person, or entity through the distribution of digital cards or the use of the Service in general.
22. It is prohibited to use the Service to store on the Service infrastructure or distribute to third parties any content that violates national, European Union, or international laws and regulations, including, without limitation, copyright laws.
23. Without prejudice to the Client’s sole responsibility for any unlawful or improper activity carried out through the Service, the Supplier reserves the right, at its sole discretion and following any reports received, to challenge any unlawful or improper conduct by the Client, request appropriate explanations, and, where necessary, inform the competent authorities.
24. In connection with the foregoing, the Supplier reserves the right, at any time, to remove any Client content that violates these Rules for the Use of the Service or that is otherwise deemed unlawful, improper, or in violation of applicable national, European Union, or international laws and regulations. Where deemed necessary, the Supplier may temporarily or permanently deactivate the Client’s account, with or without prior notice, depending on the circumstances.
25. Upon termination of the Service for any reason, any Client data that has not been deleted or transferred elsewhere by the Client and remains stored on the Service infrastructure shall be retained for a period not exceeding sixty (60) days from the date of termination. Upon expiry of such period, the data shall be permanently deleted by the Supplier and shall no longer be recoverable by the Client in any manner.
26.The Client shall not use, as the sender name of any digital cards distributed through the Service, the trademarks “EarOne”, “Mediasender”, or any other trademark, trade name, distinctive sign, or identifying element exclusively owned by the Supplier, unless expressly authorized in writing by the Supplier.
The sender name used by the Client must exclusively correspond to and identify the individual, brand, artist, record label, promoter, or organization on whose behalf the digital card is being distributed.
In the event of any unauthorized use of the aforementioned trademarks or any other distinctive signs exclusively owned by the Supplier, the Supplier reserves the right to block the distribution of the digital card and prevent its delivery to recipients, without prejudice to any other rights or remedies available under applicable law and these Rules for the Use of the Service.
27. Digital cards generated through the Service and their related links (URLs) are intended exclusively for distribution and delivery through the Mediasender platform and in accordance with the procedures provided by the Service. The Client shall not use, share, distribute, transmit, or otherwise make available the links (URLs) of digital cards through systems, platforms, applications, or services other than Mediasender, including, without limitation, standard email services, newsletters, mailing lists, instant messaging systems, or any other digital distribution platforms not expressly authorized by the Supplier. Any use of digital card links in violation of this provision shall constitute improper use of the Service. In such cases, the Supplier reserves the right, at its sole discretion and without prior notice, to immediately disable the affected links, temporarily or permanently suspend the Client’s account, and take any other measures deemed necessary to protect the Service and its rights.
Any period during which the Service is suspended as a result of a violation of this provision shall not entitle the Client to any refund, compensation, extension of the subscription term, or recovery of the period during which the Service could not be used.