Qui sommes-nous ?
L’adresse de notre site Web est : https://lucasmaiorani.com.
Utilisation des données personnelles collectées
Quand vous laissez un commentaire sur notre site web, les données inscrites dans le formulaire de commentaire, mais aussi votre adresse IP et l’agent utilisateur de votre navigateur sont collectés pour nous aider à la détection des commentaires indésirables.
Une chaîne anonymisée créée à partir de votre adresse de messagerie (également appelée hash) peut être envoyée au service Gravatar pour vérifier si vous utilisez ce dernier. Les clauses de confidentialité du service Gravatar sont disponibles ici : https://automattic.com/privacy/. Après validation de votre commentaire, votre photo de profil sera visible publiquement à coté de votre commentaire.
Si vous êtes un utilisateur ou une utilisatrice enregistré·e et que vous téléversez des images sur le site web, nous vous conseillons d’éviter de téléverser des images contenant des données EXIF de coordonnées GPS. Les visiteurs de votre site web peuvent télécharger et extraire des données de localisation depuis ces images.
Formulaires de contact
Si vous déposez un commentaire sur notre site, il vous sera proposé d’enregistrer votre nom, adresse de messagerie et site web dans des cookies. C’est uniquement pour votre confort afin de ne pas avoir à saisir ces informations si vous déposez un autre commentaire plus tard. Ces cookies expirent au bout d’un an.
Si vous avez un compte et que vous vous connectez sur ce site, un cookie temporaire sera créé afin de déterminer si votre navigateur accepte les cookies. Il ne contient pas de données personnelles et sera supprimé automatiquement à la fermeture de votre navigateur.
Lorsque vous vous connecterez, nous mettrons en place un certain nombre de cookies pour enregistrer vos informations de connexion et vos préférences d’écran. La durée de vie d’un cookie de connexion est de deux jours, celle d’un cookie d’option d’écran est d’un an. Si vous cochez « Se souvenir de moi », votre cookie de connexion sera conservé pendant deux semaines. Si vous vous déconnectez de votre compte, le cookie de connexion sera effacé.
En modifiant ou en publiant une publication, un cookie supplémentaire sera enregistré dans votre navigateur. Ce cookie ne comprend aucune donnée personnelle. Il indique simplement l’ID de la publication que vous venez de modifier. Il expire au bout d’un jour.
Contenu embarqué depuis d’autres sites
Les articles de ce site peuvent inclure des contenus intégrés (par exemple des vidéos, images, articles…). Le contenu intégré depuis d’autres sites se comporte de la même manière que si le visiteur se rendait sur cet autre site.
Ces sites web pourraient collecter des données sur vous, utiliser des cookies, embarquer des outils de suivis tiers, suivre vos interactions avec ces contenus embarqués si vous disposez d’un compte connecté sur leur site web.
Statistiques et mesures d’audience
Utilisation et transmission de vos données personnelles
Durées de stockage de vos données
Si vous laissez un commentaire, le commentaire et ses métadonnées sont conservés indéfiniment. Cela permet de reconnaître et approuver automatiquement les commentaires suivants au lieu de les laisser dans la file de modération.
Pour les utilisateurs et utilisatrices qui s’enregistrent sur notre site (si cela est possible), nous stockons également les données personnelles indiquées dans leur profil. Tous les utilisateurs et utilisatrices peuvent voir, modifier ou supprimer leurs informations personnelles à tout moment (à l’exception de leur nom d’utilisateur·ice). Les gestionnaires du site peuvent aussi voir et modifier ces informations.
Les droits que vous avez sur vos données
Si vous avez un compte ou si vous avez laissé des commentaires sur le site, vous pouvez demander à recevoir un fichier contenant toutes les données personnelles que nous possédons à votre sujet, incluant celles que vous nous avez fournies. Vous pouvez également demander la suppression des données personnelles vous concernant. Cela ne prend pas en compte les données stockées à des fins administratives, légales ou pour des raisons de sécurité.
Transmission de vos données personnelles
Les commentaires des visiteurs peuvent être vérifiés à l’aide d’un service automatisé de détection des commentaires indésirables.
Informations de contact:
Effective June 9, 2020
Your Privacy is our priority. lucasmaiorani.com believes in contributing to build a more transparent and trustworthy web experience for a better and more personalized internet moving ahead.
Information we collect
Browser, device, OS, IP-Derived Location, conversion details in case of a purchase, visit specific events such as bounce or music previews, release specific parameters such as Artist, Album, Track, etc.
We collect email address, first name, last name only after End Users opt-in and consent to providing this information to us. Additionally, End Users will receive emails or other targeted messages from us and/or the Customers only after they opt-in for the same. End Users may opt out of receiving messages at any time and can review all PII data being stored by Feature.fm and request for it to be deleted.
End Users may also opt-in to sharing additional personal information from third party social and music services such as Facebook, Twitter, YouTube, Deezer, Spotify, Apple Music, and other similar apps, as well as to provide us with information such as likes, favorites, followers/following, follower numbers, age, top artists, top tracks, playlists and/or music listening behaviors.
lucasmaiorani.com Customers who sign up to the Service with an account will also provide personally identifiable information including first name, last name, and email address upon sign up.
Basis for processing your personal information
Processing your Personal Information is necessary for the performance of the Terms and the provision of the Services to you. Processing the information for marketing purposes is based upon your consent. Processing for the purposes of developing and enhancing new features and our products and services, for analytics and usage analysis, for fraud prevention and security and for our recordkeeping and protection of our legal rights – are all necessary for the purposes of legitimate interests that we pursue.
How lucasmaiorani.com uses data
Feature.fm collects data about online activities in the in any of lucasmaiorani.com Site and/or Services for the below purposes:
- To provide statistics and insights.
- To allow our Pixel Partners to provide advertising about products and services tailored to individual consumers’ interests.
- To provide advertising tailored to End Users’ interests through lucasmaiorani.com owned advertising products
- To allow our Customers, such as the artists, labels, and music marketers (data controllers), to send emails, messages, and other communications tailored to End Users ‘ interests.
- To administer and provide services to Feature.fm’s Customers.
How lucasmaiorani.com collects data
Cookies and similar technologies
lucasmaiorani.com Customers who sign up to the lucasmaiorani.com Suite Services will directly provide information for lucasmaiorani.com to administer Services.
End Users may also choose to provide information directly to lucasmaiorani.com and its Customers through the Services and/or Third Party Services.
Connecting third party services
End Users may opt-in to sharing additional Personal Information from third party social and music services such as Facebook, Twitter, YouTube, Deezer, Spotify, Apple Music, and other similar apps.
Removing third party services
If you have connected your Apple Music, Deezer, Spotify, YouTube or another account to the lucasmaiorani.com App from a landing page and would like to remove access, you can remove access by logging into your music service and deleting the access from the apps section. Below are URLs for where to remove access in each respective service:
- Apple Music: on iOS devices go to Settings > Privacy > Media & Apple Music; on desktop open Apple Music > Account > View My Account > Account Access > Manage
- Deezer: https://www.deezer.com/account/apps
- Spotify: https://www.spotify.com/us/account/apps/
- YouTube: https://security.google.com/settings/security/permissions
From advertising publishers
You can easily opt-out of interest based advertising facilitated by lucasmaiorani.com at any time by managing your permission settings when you visit any lucasmaiorani.com Sites and/or Services. This opt-out will prevent advertisers from receiving any data about the opted-out visitors.
Transferring data internationally
The data you provide to us may be transferred or accessed on a global basis where lucasmaiorani.com’s Customers, partners, affiliates, or data processors are located to countries where data protection laws may differ from those in the originating country. Please see our full Privacy Notice below for more information.
Data that lucasmaiorani.com will not accept
lucasmaiorani.com does not knowingly collect data or information from children under the age of thirteen (13), or if they are EU citizens, the age of sixteen (16).
Your right to be forgotten
You have a right to access, update and/or delete your Personal Information and obtain a copy of the Personal Information that Data Controllers have collected about you. You can change your mind at any time about your election to receive marketing communications from us and/or having your Personal Information processed for direct marketing purposes.
To access, update, or delete your Personal Information where lucasmaiorani.com is the Data Controller, please email email@example.com
To access, update, or delete your Personal Information where lucasmaiorani.com is the Data Processor, please contact the Data Controller from whom you received a communication or email from.
Retention. We retain information for as long as necessary for the purposes set forth in this Privacy Notice.
Security. We implement industry standard measures aimed at reducing the risks of damage and unauthorized access or use of Personal Information, but they do not provide absolute information security.
We at CBArts ASBL recognize and respect the importance of maintaining the privacy of our customers. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available Below. This Privacy Notice describes the types of information we collect from you when you visit our website as well as the landing pages that we create for our Customers (as defined below) and/or use our Services (respectively, the “Site/s” and ”Services”). This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information.
CBArts ASBL is the data controller in respect of some of the processing activities outlined in this Privacy Notice.
There are various ways in which we provide our Services. We partner with artists, agents and/or record labels in the music industry (the “Customer”) in order to enable them to promote their music. Sometimes, we may provide our Services in white-label format for the use of our partners (the “White Label Customers”), in which case the White Label Customers will receive the same information as we and/or our Customers do under this Privacy Notice. Our Services can be provided by means of, in conjunction or partnership with third party sites, applications or services, such as Music Smart Links, streaming services, social media accounts or musical websites, or can be integrated into the Customers’ landing pages (together with the uses made by the White Label Customers, the “Third Party Services”). We collect certain information from our partners, such as the Customers, as well as certain information from end users of the Services and/or Third Party Services (“End Users”).
This Privacy Notice applies only to the collection and use of information by lucasmaiorani.com, and not to the collection and use of information by partners, Customers and Third Party Services. Please refer to the privacy notices of the partners, Customers and Third Party Services to understand their privacy practices. Partners, Customers and Third Party Services may collect and/or use your information in different ways than we do, and we are not responsible for any actions of partners, Customers and/or Third Party Services.
“Personal Information” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law.
Information We Collect
We collect information from you when you choose to use our Site/s and/or Services. In order to use our Site/s and/or Services, you will be required to register and provide us with certain Personal Information. We also collect Personal Information when you make use of the Site/s and/or Services, request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. If you use the Services by logging in through streaming service accounts (such as Spotify or Deezer) or other social media account, we may also receive Personal Information about you as provided by streaming or social accounts,. Please check such third-party’s policies in order to understand what information we receive.
Examples of the Information that we collect from Customers or from End Users may include your name, IP address, IP-derived location, device ID, e-mail address, browser, operating system, conversion details in case of a purchase, visit specific events such as bounce or music previews, release specific parameters (such as Artist, Album, Track), likes, favorites, followers/following, follower numbers, age, top artists, top tracks, playlists and/or music listening behaviors, profile, location and date of birth. Such Personal Information may be collected by us through the Site/s and/or Services.
We also collect your browsing history on the Site/s and/or Services.
In addition, when you use the Site/s and/or Services, certain information may be automatically gathered about your computer or mobile device, such as operating system, IP address, and subject to your consent as may be required under applicable law, (geo) location, as well as your browsing history and any information regarding your viewing on our Site/s and/or Services.
It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information we may not be able to register you to the Site/s and/or Services and/or provide you with the Services.
How We Use Your Personal Information
We and any of our trusted third-party subcontractors and service providers may use the Personal Information we collect from and about you for any of the following purposes: (1) to provide you with the Site/s and/or Services; (2) to respond to your inquiries or requests, contact and communicate with you; (3) to develop new products or services and conduct analyses to improve our current content, products, and services; (4) to provide you with customized content, targeted offers, and advertising on the Site/s and/or Services, on other third-party sites or apps you may visit, or via e-mail; (5) for us or our Customers to contact you with informational newsletters and promotional materials relating to our Site/s and Services; (6) to review the usage and operations of our Site/s and Services; (7) to use your data in an aggregated, non-specific format for analytical purposes (as detailed below); (8) to prevent fraud, protect the security of our Site/s and Services, and address any problems with the Site/s and/or Services and (9) to provide customer support.
By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users (“Statistical Information”). Statistical Information helps understand trends and Customer-needs so that new products and services can be considered and so existing products and services can be tailored to Customer desires. Statistical Information is anonymous and aggregated. Statistical Information which has not been linked to any Personal Information may be shared with our partners, without restriction, on commercial terms that we can determine in our sole discretion. Certain Statistical Information that is linked to Personal Information may be shared (a) with the relevant Customers and (b) made be shared with other end users of Third Party Services in accordance with the privacy policies of those Third Party Services.
We may use your Personal Information as required or permitted by any applicable law.
Disclosure of Information
We may share your information, including Personal Information, as follows:
Business Partners, Service Providers, Affiliates, and Subcontractors
We may disclose information, including Personal Information we collect from and/or about you, to our trusted service providers, business partners, affiliates, subcontractors, who may use such information to: (1) help us provide you with the Site/s and/or Services; (2) aid in their understanding of how users are using our Site/s and Services; (3) when you have consented to such disclosure, provide to you targeted offers and advertising on both our Site/s and/or Services, as well as on other apps/platform/sites you choose to visit. Such retargeting may be performed by our partners and/or White Label Customers.
Personal Information that we collect and process on behalf of Customers and/or White Label Customers as data controllers will be shared with such Customers and/or White Label Customers. Please note that sometimes the White Label Customers will be acting as Data Processors on behalf of third-party controllers, which controllers will also receive the applicable Personal Information.
We may use subcontractors and service providers and have Customers, business partners and affiliates who are located in countries other than your own and send them information we receive (including Personal Information). We will ensure that these third parties will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
We may transfer our databases containing your Personal Information if we sell our business or part of it, including in cases of liquidation. Information about our users, including Personal Information, may be disclosed as part of, or during negotiations of, any merger, sale of company assets or acquisition and shall continue being subject to the provisions of this Privacy Notice.
Law Enforcement Related Disclosure
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or (digital) content and information of or related to an individual, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation. You can request such Personal Information as specified herein by emailing us at firstname.lastname@example.org
Other Uses or Transfer of Your Information
We allow you to use our Site/s and Services in connection with third-party services, sites, and/or mobile applications, such as the Third Party Services. If you use our Site/s and/or Services with or through such third-parties, we may receive information (including Personal Information) about you from those third parties. Please note that when you use third-parties outside of our Site/s and/or Services, their own terms and privacy policies will govern your use of those services.
How We Protect Information
We make efforts to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
How to Access and Limit Our Use of Certain Information
You have certain rights in relation to the Personal Information that we hold about you, as detailed below. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below. Some of these requests will be directed to the relevant data controllers:
ï Right of Access and Data Portability. You have a right to know what Personal Information we collect about you and, in some cases, to have the information communicated to you. Subject to the limitations in applicable law, you may be entitled to obtain from us a copy of the Personal Information you provided to us (excluding information that we obtained from other sources) in a structured, commonly-used, and machine-readable format, and you may have the right to (request that we) transmit such Personal Information to another party. If you wish to exercise this right please contact us at email@example.com letting us know what information in particular you would like to receive and/or transmit. Please note that we may not be able to provide you with all the information you request, for instance, if the information includes Personal Information about another person. Where we are not able to provide you with information that you have asked for, we will endeavor to explain to you why. We will try to respond to any request for a right of access as soon as possible.
ï Right to Correct Personal Information. Subject to the limitations in applicable law, you may request that we update, correct or delete inaccurate or outdated Personal Information and/or that we suspend the use of Personal Information, the accuracy of which you may contest, while we verify the status of that Personal Information. We will correct your Personal Information within a reasonable time from the receipt of your written request thereof.
ï Deletion of Personal Information. In certain circumstances you have a right to have Personal Information that we hold about you deleted. Should you wish to have any Personal Information about you deleted, please contact us at firstname.lastname@example.org . Subject to applicable law, we will delete Personal Information provided to us by a user within a reasonable time from the receipt of a written (including via email) request by such user to delete such collected Personal Information. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Information, you should also terminate your account with us and clear our cookies from any device where you have used our Services. We may retain certain Personal Information (including following your request to delete) for audit and record-keeping purposes, as well as other purposes, all as permissible and/or required under applicable law. We may also retain your information in an anonymized form.
ï Account Deactivation. Customers can ask us to deactivate their account by contacting us using the information below and/or by accessing their account settings. In order to deactivate your account, we may ask you for additional information.
ï Direct Marketing Opt Out. You can change your mind at any time about your election to receive marketing communications from us and/or having your Personal Information processed for direct marketing purposes. If you do, please notify us by contacting us as detailed in this Privacy Notice. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective.
ï Right to Object. Subject to applicable law, you may have the right to object to processing of your Personal Information including for the purpose of direct marketing.
ï Supervisory Authority. If you are a European Citizen, you may have the right to submit a complaint to the relevant supervisory data protection authority.
ï If you are a California resident, you may request certain information once per year about our disclosure of certain categories of Personal Information during the preceding calendar year to third parties for such third parties’ own direct marketing purposes. Please send your request by email email@example.com . We reserve our right not to respond to requests submitted other than to the email addresse specified in this section.
Subject to applicable law, we retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth in this Privacy Notice.
Cookies and Similar Technologies
Functional cookies – When you visit our Site/s, we place a functional cookie on your device that helps us provide insights on your activities on our Site/s, including how your device has interacted with the Site/s. Functional cookies are instrumental to the functionality of the service and expire after 10 minutes
Performance cookies – When you visit a Site, we may also place a performance cookie on your device. Performance cookies differ from functional cookies as they can exist on the user’s device for an extended period of time until expired or until they are deleted. These cookies are used to store and remember a user’s preferences such as the preferred music service or to detect recurring visits to the Site/s.
Third-Party Advertising cookies – When you visit our Site/s, we also places third-party advertising cookies on your device, which help our partners deliver or enable the delivery of advertising that is customized to your interests and to keeps track of how many ads users have seen.
Advertisers on mobile devices may use advertising (or ad) identifiers (non-permanent, non-personal device identifiers such as the Android advertising ID and/or Apple’s ID for advertising, or IDFA) to enable and optimize their advertising. You can reset these identifiers or indicate your preference that they should not be used for advertising purposes, as detailed below.
How to Adjust Your Preferences
Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. We also provide a way for End Users to accept and change their cookie preferences directly on Feature.fm’s pages. Please note that some features of the Sites and/or Services may function improperly when cookies are disabled or removed.
By changing your device settings, you can prevent your device’s ad identifier being used for interest-based advertising, or you can reset your device’s ad identifier. Typically, you can find the ad identifier settings under “privacy” or “ads” in your device’s settings, although settings may vary from device to device.
Adjusting your preferences as described in this section does not mean you will no longer receive advertisements, it only means the advertisement you do see will be less relevant to your interests.
Third-Party Applications and Services
All use of third-party applications or services (including Third Party Services) is at your own risk and subject to such third party’s privacy policies.
Subject to your consent and applicable law, we may send you e-mail or other messages about us or our Services. You may remove your Personal Information from our and/or our Customers’ and/or our White Label Customers’ mailing list and stop receiving future communication from us by following the UNSUBSCRIBE link located at the bottom of each communication or by emailing us at firstname.lastname@example.org or the Customers/White Label Customers at their email addresses. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications you may cancel your account.
We do not knowingly collect personally-identifiable information from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has enrolled without parental permission, please advise us immediately.
When visiting this Site/s and/or using our Services, you shall be asked to accept the terms of this Privacy Notice. If you do not agree with the terms hereof, please do not use the Site/s and/or Services. We may update this Privacy Notice from time to time – we encourage you to review it periodically. By continuing to access or use the Site/s and/or Services after those changes become effective, you agree to be bound by the revised privacy notice; if we have your email we will notify you of such changes. We will post the updated Privacy Notice on this page. Please come back to this page periodically to make sure you are familiar with the latest version. Any new Privacy Notice will be effective from the date it is accepted by you.
Comments and Questions
EffectiveJune 9, 2020
ALL CUSTOMERS MUST COMPLY COMPLETELY WITH THESE TOU. lucasmaiorani.com RESERVES THE RIGHT TO TERMINATE THE REGISTRATION OF ANY CUSTOMER THAT VIOLATES ANY OF THE TOU. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AS OF THE EFFECTIVE DATE OF THESE TOU.
By submitting an audio, video or text component (the “Component”) for inclusion for use through the website or Service, Customer agrees to be legally bound by these TOU. No conditions other than those set forth herein shall be binding on lucasmaiorani.com unless specifically agreed to in writing by lucasmaiorani.com. lucasmaiorani.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Customer. Customer and its agent(s) (if applicable) are jointly and severally responsible under these TOU. Subject to lucasmaiorani.com’s right to terminate or cancel registration under the TOU, lucasmaiorani.com’s only obligation to serve audio, video or text promotions hereunder shall be to serve the audio, video or text promotions of the Customer described herein, and in no event shall lucasmaiorani.com be obligated to serve any Components for any other Customer. The TOU will be considered accepted by the Customer once the Component requested in the registration form is submitted into the Services. Under no circumstances shall lucasmaiorani.com’s liability or obligations exceed those which are expressly set out in the TOU.
- Payments for the Services shall be in accordance with the amounts and terms set forth on a separate quotation or price list provided by lucasmaiorani.com, which may be available at an Internet location provided to you by lucasmaiorani.com (a “Quotation”). Some Services will be available for free and some for a subscription fee in accordance with the desired tier of service. You must make payment of such amounts according to the payment terms set forth in the Quotation. Payment of such amounts must be without deduction or withholding including in respect of taxes or other government charges. Late payments shall be subject to a late fee of 18% per annum or, if lower, the highest amount permitted by applicable law. In the event of any conflict between this TOU and the express terms of any Quotation, the express terms of such Quotation shall govern. lucasmaiorani.com reserves the right to set and negotiate specific payment terms for each Customer and to make changes to the pricing. All payment will be made via PayPal, credit card, or bank wire transfer. lucasmaiorani.com is under no obligation to perform agreed upon services until payment is received. Where payment is made by credit card, Customer expressly agrees not to charge back any amounts and will instead follow the dispute resolution procedures as specified herein.
- In the event of a dispute between Customer and lucasmaiorani.com regarding amounts due, Customer agrees that lucasmaiorani.com’s tracking count shall be applied. Customer understands and agrees that in no event, and under no circumstances, will data provided by any lucasmaiorani.com representative constitute final billing numbers. Only invoices sent directly to Customer are to be construed as representative of billable amounts. In the event that lucasmaiorani.com does not receive written notification of a disputed invoice, with rationale and support therefore specifically set forth therein, within five (5) days from the date of the invoice, such invoice will be deemed valid and payable and may not thereafter be disputed.
- Any late payments will accrue interest equal to one and a half percent (1.5%) per month, or the maximum amount allowable under law, whichever is less, compounded monthly. lucasmaiorani.com shall be entitled to recover all reasonable costs of collection (including attorneys’ fees, expenses, and costs) incurred in attempting to collect payment from Customer.
- Rates are subject to change at any time. lucasmaiorani.com reserves the right to hold Customer and any agent, producer, or other authorized representative of Customer jointly and severally liable for all amounts owed to lucasmaiorani.com
Using the Services:
lucasmaiorani.com shall have absolute discretion as to whether or not it approves a particular Customer for registration to use the lucasmaiorani.com Services.
Our Services can be provided by means of third party sites, applications or services. Such Services may include: (a) advertising campaigns (“Campaigns”); (b) Music Smart Links, by means of which the end users can link to the Customer’s websites or services; and/or (c) tools to create customized websites (“Customer Websites”), which Customer Websites we will host.
Services may include features which allow end users to sign in with their streaming service accounts (such as Spotify or Deezer) or other social media account, and/or to pre-save an album which has yet to be released.
- fm will not deliver users to sites containing content that is not appropriate for viewing by a general audience or provide Services in connection with the same.
- fm reserves the right to refuse service to any new or existing Customer at any time, in its sole discretion, with or without cause. lucasmaiorani.com reserves the right, in its sole discretion and without liability, to reject any Component for any reason at any time, with or without notice to the Customer and regardless of whether such Component was previously accepted or published through the Services. lucasmaiorani.com will not knowingly accept any Component from Customers that produce or provide “adult” materials, or any other matter which is known or suspected to offend prevailing community standards anywhere received or displayed, including racist or discriminatory materials. Customer acknowledges and agrees that any suspected Component will be presented with reasonable access restrictions, including, without limitation, age or consent disclaimers, certifications, warnings, or restrictions. Components shall not include scatological or sexual references, or other adult language which may not be appropriate for minors, or depictions or references to gore, violence, cruelty to animals, or other offensive or unnatural acts. lucasmaiorani.com does not accept Customers that engage in, promote, facilitate, or suborn the deliberate, reckless, or negligent violation of any laws, and will not condone or permit any such activity that comes to its knowledge. lucasmaiorani.com may in its sole discretion refuse, restrict, or terminate the Services, transmission, delivery, or other use of any Component that it deems inappropriate, or requires special handling, or limit any use of the Services in connection with same. The registration of a Customer may be terminated by lucasmaiorani.com immediately with or without notice if Customer fails to disclose, conceals, or misrepresents either itself or the nature of its Component, activities, Customer Websites or Campaign orders in any way.
- To insure compliance with these TOU, any Customers that change their content after approval of the registration MUST notify lucasmaiorani.com of the changes in writing IMMEDIATELY. Campaigns and/or other Services that use third party serving/tracking for auditing purposes may be subject to alternate or additional controls. All Campaigns and/or Services are subject to our capacity limitations, which may include, without limitation, software, hardware, Internet traffic and service provider restrictions, bandwidth and other performance metrics, inventory availability, payment terms, credit history, Component performance, and market pricing limitations.
- Any submitted Component may not violate any third party’s rights, including privacy rights. Customer agrees to confirm the correct function of all Components submitted to the Services within twenty-four (24) hours of the Campaign start. If no confirmation is received within this time frame, lucasmaiorani.com will assume that the Component is functioning properly and Customer agrees to pay for all impressions, clicks, or leads derived from the Component as measured by lucasmaiorani.com. All problems related to Component should be immediately brought to the attention of lucasmaiorani.com’s account executive for Customer. lucasmaiorani.com is not liable for errors in position and/or placement of the Component, or errors of any kind. Customer agrees and understands that if lucasmaiorani.com is requested to retrieve any Component for and on behalf of Customer, that lucasmaiorani.com performs this service solely as a courtesy to Customer. Customer shall remain fully responsible for all Component delivered for or on behalf of Customer in such instances, even in the event of any errors by lucasmaiorani.com, including retrieving incorrect Component.
- Customer hereby grants to lucasmaiorani.com and its third party publishers using the Services a non-exclusive, limited, worldwide, royalty-free, revocable license to market, display, perform, copy, transmit, distribute, and promote the Campaign(s) in connection with the Services.
- lucasmaiorani.com reserves the right to pause any Campaign that does not meet or satisfy lucasmaiorani.com’s performance expectations or operational requirements, or that is noncompliant with the Services, or for any other reason. During the pause period, Customer and lucasmaiorani.com will work together to address lucasmaiorani.com’s concerns. If during or following the pause period lucasmaiorani.com deems, at its sole discretion, that the Campaign will not meet minimum performance expectations or operational requirements, lucasmaiorani.com reserves the right to cancel Customer’s Campaign. For Customers who pre-paid, lucasmaiorani.com will credit Customer the unused portion of pre-payment (i.e. the total pre-payment less the cost of what has been delivered).
- lucasmaiorani.com expressly reserves the right to: (a) terminate the registration to use the Services, refuse any Component promotion request, cancel any Campaign, or change any Campaign that does not completely conform to every material detail, instruction, method, and guideline set forth in the registration form; (b) refuse any Component that does not arrive forty-eight (48) hours prior to the start date; (c) refuse or cancel the use of any Campaign that it deems, in its reasonable and sole discretion, inappropriate for any reason or no reason; (d) refuse at any time to publish, play or transmit any copy, Component, or illustration of any kind for any reason including those that it believes, in its reasonable discretion, are an invasion of privacy, are degrading, libelous, unlawful, profane, obscene, pornographic, tend to ridicule or embarrass, are in bad taste, or which in its reasonable discretion are an infringement on a trademark, trade name, or copyright belonging to others; (e) refuse any Component promotion request or cancel any Campaign that is or can be hosted by any directly or indirectly competitive services and/or technologies; (f) refuse or cancel any Campaign which redirects traffic to a website other than the site specifically identified in the registration form; and/or (g) refuse or cancel any Campaign which appears to ask consumers to take advantage of other or additional offers not specifically identified in the registration form. lucasmaiorani.com shall have no liability to Customer for failure to place any Campaign on its Services or any third-party’s network.
Customer’s Representations and Warranties:
Customer represents, warrants, and covenants that:
- Customer will provide through the Services all Components required for marketing its Campaign and/or for the provision of the Services.
- Customer is the owner or is licensed to use the entire contents and subject matter contained in its Component and collateral information;
- Customer is solely responsible for the substantive content of each Component, and to the extent that lucasmaiorani.com provides assistance in the development of a Campaign and/or for the provision of the Services, such assistance shall be limited to Component assistance only. Customer represents and warrants that lucasmaiorani.com is not a party to, and has no liability for, the content and claims in and to Customer’s Component.
- Customer is not in violation of any obligation, contract, agreement, or laws, by accepting this TOU, by performing its obligations hereunder, or by authorizing and permitting lucasmaiorani.com to perform its services hereunder. Customer has the unrestricted power and authority to enter into and perform its obligations under the TOU;
- the use, reproduction, distribution, transmission, or display of any Component and any materials to which users can link, or any products or services made available to users through the Component does not and will not (i) violate any law, statute, ordinance, treaty, order, decree, regulation (including but not limited to false advertising or unfair competition under the law of any jurisdiction), give rise to criminal or civil liability or infringe upon any copyright, patent, trademark, or service mark, trade secret rights, or any other personal, moral, contract, property or privacy right of any third party (collectively “Unlawful Conduct”); (ii) contain or promote viruses, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking, or warez content (collectively “Offensive Conduct”); or (iii) encourage conduct that would constitute Unlawful Conduct or Offensive Conduct;
Data Processing Addendum
You further represent and warrant that (a) when we process Personal Data of your end users on your behalf for the purpose provision of the Services, you will at all times be considered the data Controller (as defined in the GDPR) and you are responsible for compliance with your obligations as data Controller under applicable law including the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR“) and we shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement (“DPA“); (b) you are responsible for compliance with your obligations as data Controller under applicable law including any applicable data protection laws and the GDPR (c) you have and shall maintain throughout the term of this TOU and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to lucasmaiorani.com and allow it to provide its Services as a Processor; (d) you shall ensure that a record of such consents is maintained, as required under applicable law; and (e) you shall not provide lucasmaiorani.com with any Special Categories of Data (as defined in the GDPR) and/or any data or information subject to special regulatory or statutory protection regimes (including but not limited to data regarding children, financial and health data).
Complying with Third Party Terms & Conditions and Privacy Policies
- Apple Terms & Policies
- YouTube Terms of Service & Policies
Customer agrees to indemnify, defend and hold lucasmaiorani.com, its third party publishers, and their respective affiliates, employees, officers, agents, directors, and representatives, harmless immediately upon first demand of lucasmaiorani.com from all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) Customer’s breach of any representations, warranties, or covenants made in TOU including, without limitation, breach of the License granted hereunder, or (ii) any allegations of or proceedings for libel, defamation, violation of privacy or publicity rights, copyright infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with the use of the Services; (iii) the breach by Customer of any of the terms and conditions set forth herein; and/or (iv) the Component. Customer further agrees that any compromise or settlement of such disputes will contain a complete, express, and unconditional release of lucasmaiorani.com. The provisions of this Section shall survive the termination or expiration of the TOU and/or any registration.
lucasmaiorani.com’s Proprietary Rights
Except for the content submitted by Customer pursuant to the TOU, and the limited licenses expressly granted herein, Feature.fm expressly reserves all rights, title and interest in and to the lucasmaiorani.com Services, any lucasmaiorani.com content on the lucasmaiorani.com website, and all processing, analytics, and other software and technology used by Feature.fm in the provision of the lucasmaiorani.com Campaign and/or Services (collectively, “lucasmaiorani.com Technology”), including, without limitation, any derivatives, improvements, enhancements or extensions of the lucasmaiorani.com Technology conceived, reduced to practice, or otherwise developed on or on behalf of lucasmaiorani.com, all of which are valuable assets of Feature.fm, and any copyright, patent, trademark, service mark, logo or other intellectual property right, or federal or state right, pertaining thereto. All lucasmaiorani.com Technology, lucasmaiorani.com content and lucasmaiorani.com Services are the exclusive property of lucasmaiorani.com or the Customers or their authorized agents and are protected by French and international copyright laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the lucasmaiorani.com Technology, lucasmaiorani.com content and lucasmaiorani.com Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these TOU grants you any right to use any trademark, service mark, logo, or trade name of lucasmaiorani.com or any third party.
The compilation (meaning the collection, arrangement, and assembly) of all content on the lucasmaiorani.com Services is the exclusive property of lucasmaiorani.com and is also protected by French and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the content on the lucasmaiorani.com Services is strictly prohibited. Furthermore, you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any content on the lucasmaiorani.com Services without the express prior written consent of lucasmaiorani.com. Any unauthorized or prohibited use of the content on the lucasmaiorani.com Services may subject you to civil liability, criminal prosecution, or both, under applicable law.
You may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (d) harvest, collect or mine information about users of the Services; or (e) use or access another user’s account or password.
Cancellation & Refund Policy
The Customer may stop or terminate a Campaign at any time by “Pausing” or “Archiving” the Campaign in thelucasmaiorani.com platform. Upon 48 hours written notice tolucasmaiorani.com, lucasmaiorani.com shall issue a refund for all impressions that have not been delivered. The Customer is responsible to pay for all impressions that were served by thelucasmaiorani.com Services. Monthly and/or Annual subscriptions may be cancelled at any time and will end at the completion of the current billing cycle. Customer is not entitled to a refund for the remainder of any unused subscription period. Refunds will be made at lucasmaiorani.com’s sole discretion.
- fm has proprietary relationships with the publishers that receive license to use the Services. With the exception of reasonably documented, preexisting relationships with direct publishers or networks, during the term of the TOU and for a period of twelve (12) months thereafter, Customer agrees not to solicit, induce, recruit or encourage, directly or indirectly, any publisher that Customer knows, or has reason to know, is a publisher using the lucasmaiorani.com Services in any manner without the express, written consent of lucasmaiorani.com. In the event that Customer violates this provision, it shall pay lucasmaiorani.com an additional commission equal to what the lucasmaiorani.com would otherwise have earned had Customer not violated this subsection.
- The parties agree and understand that a material breach of this “Non Solicitation” will cause lucasmaiorani.com to suffer irreparable harm and that monetary damages may be inadequate to compensate for such damage. Accordingly, the parties agree that in such event, lucasmaiorani.com will, in addition to all other remedies, be entitled to preliminary and permanent injunctive relief without the necessity of showing any actual damage or posting a bond and/or shall be entitled to a decree of specific performance of the terms of the TOU against the Customer. The foregoing remedy is a material, bargained for basis of the TOU and has been taken into account in each party’s decision to enter into these TOU and accept the registration of the Customer.
Limitation of Liability
- THE PERFORMANCE OF THE SERVICES PROVIDED BY lucasmaiorani.com, ITS USE AND THE RESULTS OF SUCH USE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, lucasmaiorani.com MAKES NO WARRANTIES (INCLUDING WITH RESPECT TO THE SERVICES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. lucasmaiorani.com DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES AND/OR CONTENT; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES. lucasmaiorani.com DOES NOT WARRANT OR GUARANTEE CONVERSION RATES, PAY-UP RATES, RESPONSE RATES, OR ABILITY TO CONVERT THE RESPONSES INTO SALES. lucasmaiorani.com DOES NOT WARRANT OR GUARANTEE THE PROFILE OR DEMOGRAPHICS OF A RESPONDENT. ALL ORDERS ARE CONTINGENT UPON lucasmaiorani.com’S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND lucasmaiorani.com IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL. lucasmaiorani.com WILL USE DILIGENT EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.
- lucasmaiorani.com SHALL NOT BE LIABLE FOR ANY PUNITIVE DAMAGES OR INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, INCLUDING, (WITHOUT LIMITATION) LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF OPERATION TIME, AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THEIR POSSIBILITY. lucasmaiorani.com’S TOTAL OBLIGATIONS AND/OR LIABILITY, IF ANY HEREUNDER, SHALL BE LIMITED TO THE AMOUNTS PAID TO IT FOR THE CAMPAIGN IN QUESTION.
- Without derogating from the foregoing, Feature.fm shall not be subject to any liability whatsoever for (1) delays in delivery and/or non-delivery of an Component, including, without limitation, difficulties with a customer or other third party, difficulties with a third-party server, or electronic malfunction; and (2) errors in content or omissions of any kind.
In addition to the foregoing, lucasmaiorani.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content. lucasmaiorani.com is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Site. UNDER NO CIRCUMSTANCES SHALL lucasmaiorani.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH ANY CAMPAIGNS.
lucasmaiorani.com reserves the right to change any of these TOU at any time without notice. You are responsible for complying with any changes to the terms and conditions within 10 days of the date of change.
Waiver; Severability; Assignment; Relationship
The waiver by either party of a breach or right under the TOU will not constitute a waiver of any other or subsequent breach or right. If any provision of the TOU is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the TOU, which will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder (including, without limitation, advertisement or promotion space) without the express prior written consent of lucasmaiorani.com. Any attempt by Customer to resell, assign, or transfer such rights shall result in immediate and automatic termination of the TOU, without liability to lucasmaiorani.com. lucasmaiorani.com may assign any of its rights and obligations under the TOU to a third party without the Customer’s consent. The relationship of the parties is and at all times shall remain one of independent contractors. Neither party is in any way a partner, joint venturer, affiliate, agent, or representative of the other for any purpose whatsoever, nor does either party have the legal right or authority to make any representation, warranty, promise, guaranty, or agreement in the name of or for the account of the other under the TOU, except as otherwise expressly authorized by a party under the TOU. These TOU set forth the entire agreement between the parties and supersede any prior proposal, agreement or representation between the parties, written or oral, regarding the subject matter contained herein. The TOU shall be governed by and construed under the laws of the state of France without regard to conflict of laws principles. Any action to be brought in connection with these TOU or the Services shall be brought exclusively in the courts in Paris and you irrevocably consent to their jurisdiction. Any cause of action against lucasmaiorani.com must be brought within one (1) year of the date such cause of action arose.
ALL PROMOTERS MUST COMPLY COMPLETELY WITH THESE TOU. lucasmaiorani.com RESERVES THE RIGHT TO TERMINATE THE REGISTRAION OF ANY PROMOTER THAT VIOLATES ANY OF THE TOU. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AS OF THE EFFECTIVE DATE OF THESE TOU.
By submitting an audio, video or text component for inclusion for use through the website or Service, Promoter agrees to be legally bound by these TOU. No conditions other than those set forth herein shall be binding on lucasmaiorani.com unless specifically agreed to in writing by lucasmaiorani.com. lucasmaiorani.com will not be bound by conditions printed or appearing on order blanks or copy instructions submitted by or on behalf of the Promoter. Promoter and its agent(s) (if applicable) are jointly and severally responsible under these TOU. Subject to lucasmaiorani.com’s right to terminate or cancel registration under the TOU, lucasmaiorani.com’s only obligation to serve audio, video or text promotions hereunder shall be to serve the audio, video or text promotions of the Promoter described herein, and in no event shall lucasmaiorani.com be obligated to serve any audio components for any other Promoter. The TOU will be considered accepted by the Promoter once the audio, video or text component requested in the registration form is submitted into the Services. Under no circumstances shall lucasmaiorani.com’s liability or obligations exceed those which are expressly set out in the TOU.