APP Terms & conditions
General Terms and Conditions of Use of the App
1. Binding terms and conditions of use
1.1 These General Terms and Conditions of Use govern the use of the Musement app (the App), that is owned and managed by Musement S.r.l., with registered office in Milano, Italy, via Polesine No. 13, enrolled in the Companies' Register of Milan under no. MI1995020, Tax Code and VAT no. 07978000961, online travel agency licence no. 170695 issued by Regione Lombardia revised on 3 July 2015 (Musement).
2. Service provided through the App
2.1 The App provides information updates and news feeds on restaurants, bars, attractions, museums, concerts, sport events, guided tours, sightseeing, art exhibitions, temporary events and theatre tickets as well as different art travel packages and offers.
2.2 The App also allows the user to process a reservation and purchase order for tickets, subject to the full acceptance of Musement’s General Terms and Conditions of Sale available on the website www.musement.com at this link: https://www.musement.com/us/app-terms-conditions-p/
2.3 When this function is activated, by accessing the “Concierge” section of the App you may contact third parties in order to submit customized requests concerning your leisure in a provided city (such requests may include the purchase of tickets, the organization of customized tours, car rentals). These third parties have no employment relation with Musement. Musement merely put you in contact with these third parties, but it doesn’t assume any responsibility for the services that they may actually provide to you.
3.1 You may register as registered user of the App through your Facebook credentials or by using your personal authentication credentials provided when you registered as a registered user on the website www.musement.com. By registering you represent and warrant that all personal data and information provided during the registration process are up to date, complete, accurate and true. You undertake to communicate to Musement any changes of such personal data in a timely manner.
3.2 You authorise Musement to verify the truthfulness of the personal data and any other information provided and undertakes to cooperate with Musement during such verification.
3.3 You shall be solely responsible in relation to the possession of your authentication credentials and for the activities carried out thought their use. Should you have knowledge of any unauthorised use of your credentials and/or any other violations of their confidentiality, you undertake to promptly communicate to Musement knowledge of such unauthorized use and/or violation, reporting abuse of any kind to email@example.com.
3.4 All operations carried out through your credentials shall be attributed to you. You acknowledge that Musement shall also produce, as evidence of the operations carried out by you, proofs obtained by the systems and procedures used by Musement in order to regulate access to the App and to provide the relevant services.
4. Disclaimer and limitation of liability
4.1 Musement has made all efforts to ensure that the content of musement.com is accurate and does not contain any incorrect or out-of-date information. However, Musement cannot be held liable for the accuracy and completeness of the content posted on the App, except for its liability for tort and gross negligence and as otherwise provided for by the law.
4.2 You will be liable for your use of the App and its contents. Musement shall not be liable for any use of the App and its contents made by any of its users.
4.3 Musement cannot guarantee that the App will operate continuously, without any interruptions and errors also due to the connection to the web.
4.4 Musement shall not be considered liable for any damages arising from unavailability of the services provided on the App or arising from virus, damaged files, errors, omissions, interruption of the service, cancellation of contents, networking, provider or telephonic problems, non authorized accesses, alteration of data, break out of users electronic devices.
4.5 Musement shall not be liable for the truthfulness or accuracy of information and services possibly provided by third parties through the “Concierge” section.
5. Intellectual Property Rights
5.1 All contents of the App, including but not limited to, works, images, pictures, music, sounds, videos, documents, drawings, figures, logos and any other material posted on the App are protected by copyright and by any other intellectual property right of Musement and of the relevant right-holders. The reproduction, wholly or in part, in any form whatsoever, of the App and of its contents is not allowed without Musement’s written consent.
5.2 While searching and processing reservations and/or purchase orders, you employ the web application made available by Musement through the App by means of a non-exclusive and temporary license, granted for the time of the relevant operation.
5.3 Musement is the exclusive owner of the logos and registered trademark "Musement" and of any other sign which includes the word "musement". All of the other signs which are used for distinguishing the events and the respective organizer published on musement.com posted on the App are registered trademarks of the respective owners and are used on the App only for the purpose of distinguishing, describing and advertising the events and the respective organizer published on the App. Musement and all of the other owners of registered trademarks are entitled to the exclusive use of the trademarks respectively owned. You are not authorised, without the consent of Musement and of any other owner of the registered trademarks posted on the App, to use such trademarks. Any unlawful or unauthorised use of such trademarks is prohibited and gives rise to serious legal consequences.
5.4 You are not authorised to modify and/or copy the App nor to extract the source code of the App, translate the App and its contents in other languages nor create derived versions. thereof.
6. Rules of conduct
You undertake to use the App and its functions and the Service for lawful purposes and according to the present General Terms and Conditions of Use. Particularly, you undertake neither to send or spread, through the App and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the Website and its functions to perform any acts which could cause damage to the image and reputation of Musement or any other loss or damage to Musement.
7. Links to third party websites
The App may contain links to third party websites, which are in no way connected to Musement (the Third Party Websites). Musement does not control or monitor such Third Party Websites or their contents. You agree that Musement is not responsible for any content, services and/or products provided by any Third Party Website, nor is Musement responsible for any practice followed by such Third Party Website with respect to the collection and processing of personal data of their users.
8. Modification and Update of the App. Compatibility
8.1 Musement reserves the right to modify or update the App in any time and without notice.
8.2 The App is available for Android and iOS platforms. Requirements for the functioning of the App on such platforms (and possibly on additional platforms the App could be available for) may change. In such case, you may be requested to update the App in order to further using it.
For any information related to the process of your personal data, please read carefully the information notice published here [insert link].
10. Amendments and updates
10.1 Musement may amend or simply update all or part of these General Terms and Conditions of Use of the App. Any amendment or update to the General Terms and Conditions of Use of the App shall be binding as soon as they are published in the App.
11. Governing law
These General Terms and Conditions of Use of the App are governed by Italian laws. Any dispute, controversy or claim arising out of or relating to these General Terms and Conditions of Use of the App, or the breach, termination or validity thereof shall be referred to and finally resolved by the Court of Milan.