Terms of use/General Conditions – March 2016

Summary of the General Conditions

What’s the function of the GC?

The function of the GC is to handle the relationships between the Parties

 Who is the Regia Accademia Filarmonica di Bologna addressing ?

The Regia Accademia Filarmonica is addressing all those who want to support the Project OM Encore; individuals, institutions, companies, legal persons , of any nationality. 

Index of the General Conditions

Who are you?

What is the Accademia Filarmonica di Bologna institutionally concerned with?

Who is cooperating with the Accademia Filarmonica di Bologna to achieve the Project OM Encore?

What’s the project OM Encore?

In short, what’s the purpose served by the Accademia Filarmonica di Bologna? 

What are the “definitions”? Which ones are recurrent? (non so se ho reso il senso della domanda)

What is the function of the General Conditions?

What are the other pages that I can consult?

What’s the law governing the GC?

How does the Accademia Filarmonica di Bologna act to raise funds that are to be allocated to the Project OM Encore?

How does the Crowdfunding for the Project OM Encore exactly work?

Is it possible to claim back the money paid into the Accademia Filarmonica di Bologna through Crowdfunding?

Are there any rewards for the donors?

Does each donation correspond to a reward?

Can the names of the supporters be consulted on  the website?

Where are the funds raised through Crowdfunding allocated?

Are there any conditions for accessing  the Website and the Service?

Who can make donations?

What rules must the users and the Supporters respect?

What are the general rules of conduct that the users, the Supporters and the Users  must respect?

What are the levels of the service and the responsabilities?

Who are you?

Regia Accademia Filarmonica di Bologna (from now on “Accademia Filarmonica di Bologna”), VAT registration  number 02246401208, with registered office in Bologna (40125), via Guerrazzi n. 13.

What is the Accademia Filarmonica di Bologna institutionally concerned with?

The Accademia Filarmonica di Bologna was founded in 1666 by the nobleman Vincenzo Maria Carrati, with headoffice in his family’s palace, in the current via Guerrazzi n.13. “Unitate melos” is the motto created since the establishment of this institution, that the academics now like to interpret as “music in sharing”, to underline that all the activities are carried out thanks to precious synergies with different musical, cultural and formative dimensions of the territory.

Throughout the many centuries of its history, the Accademia always represented a reference point in the cultural life of Bologna until it became, in the second half of the XVIII century, one of the finest institutions of European musical culture, thanks to the guide of Father Martini. The young Mozart too wanted to get the renowned academic licence: accompanied by his father Leopold, he arrived in Bologna in 1770 to be trained under the guidance of Father Martini in counterpoint composition. 

In recent years the Accademia has launched a broad range of far reaching cultural initiatives, first and foremost the Orchestra Mozart. New activities have been combined to  the usual concerts programme, that offers two chamber music cycles in Sala Mozart; activities of advanced vocational training for young musicians, amongst which the Accademia dell’Orchestra Mozart for young orchestral instrumentalists, the advanced training courses of composition and of methodology  in musical education research. Besides the Accademia pays a lot of attention to the field of research, with various conferences and study days organized every year, and it also pays attention to the promotion and restoration of its own priceless archive heritage, preserved in the historical Archive e in the Academy Library. Beyond Mozart’s written exercise, many important musical autographs are conserved in the historical Archive, including the one of Cenerentola by Rossini, and precious pages of authors like Liszt, Beethoven, Salieri, Bellini, Wagner, Verdi, Puccini.  

Of primary importance, at last, the connection between the Accademia Filarmonica with the music of its own time: on the continuous wire of tradition, as it has always happened since its foundation, still today the Accademia commissions new works to great composers of the international scene, like Karlheinz Stockhausen, Luis de Pablo, Peter Maxwell Davies, Adriano Guarnieri and Azio Corghi. 

Who is cooperating with the Accademia Filarmonica di Bologna to achieve the Project OM Encore?

GINGER is specialized in project management of crowdfunding campaigns, handling  both the production of web platforms, and the making, the development, the promotion and the management of the fund raising campaigns. GINGER also organizes training courses dedicated to crowdfunding.

GINGER also cooperated with Digital Paths for the realization of the Project OM Encore.

What’s the project OM Encore?

OM Encore is a crowdfunding project with the objective of raising the money required to the resumption of the Orchestra Mozart’s activities. The project want to suggest a new, sustainable, involving and farsighted way of making culture. The project OM Encore wants the Orchestra to start playing again with the contributions of any supporter: individuals, institutions, societies and legal persons of any nationality, public and privates. 

In short, what’s the objective pursued by the Accademia Filarmonica di Bologna?

The objective pursued by the Accademia is to raise the funds required to make the Orchestra Mozart play again.

 The Accademia also aims to involve the public opinion in this initiative thanks to an innovative communication strategy, putting the public in touch with the Orchestra and allowing everyone to join the project. 

Definitions

       What are the “definitions”? Which ones are recurrent? 

For convenience (and to repeat ourselves) we have defined some words that often appear in the page dedicated to the General Conditions and in the Website. 

We are talking about the following definitions:

Project OM Encore or Project: the Accademia Filarmonica di Bologna, with the cooperation of GINGER,  organizes the Project OM Encore  in order to raise the funds required for the Orchestra Mozart to resume its activities.

Website: website available at www.orchestramozart.com. For the duration of the Project OM Encore the website is managed by the Accademia Filarmonica di Bologna.

Crowdfunding: system used to raise funds in support of the Project OM Encore, through a proper platform that can be reached on the website. The funds raised are taken and managed by the Accademia Filramonica di Bologna.

General Conditions: contractual conditions with which the Accademia Filarmonica handles the relations with the users and the people that will support the Project OM Encore, as will be defined later on, also through Crowdfunding.

Supporter: subject that financially supports the Project OM Encore, a subject that can be a physical or a legal person , a society or institution of any nationality, through joining the fund raiser via Crowdfunding or via other modes which are better described in the General Conditions of the Website. 

Websurfer: subject that surfs on the website, undertaking to comply with the conditions here expected for what concerns her/him, even if he/she’s not a Supporter. 

Privacy Policy: privacy policy published on the Website, concerning the processing of personal data of the users and the Supporters http.

Cookies: regulations concerning the treatment of the Cookies present on the website. 

Data: personal data of the Websurfer and the Supporter, provided in conformity with the privacy policy, for example, compiling the form. (?)

News: news, events, initiatives, projects and shows produced with the aim of financing the Project OM Encore, better described and sponsored in the Website.

Service: Crowdfunding management service addressed to the users that want to support the Project OM Encore. Thanks to the Service, in short, the users can (i) consult that News and (ii) make donations to support the Project OM Encore.

Parts: the Accademia Filarmonica di Bologna, GINGER, the Supporters and the users. 

Further explanations about the General Conditions and cross reference to other pages

The General Conditions form a kind of “constitution” that the Accademia Filarmonica di Bologna undertakes to apply , and which at the same time the users and the Supporter  undertake to respect and accept. 

The General Conditions apply to all the users and the Supporters for the fact that they are readable on the Website and, only in some cases, through the specific approval of the Supporters.

The present General Conditions may be changed and updated over time by the Accademia Filarmonica di Bologna or by GINGER. We therefore invite the users and the Supporters to periodically access the Website to consult the updated version (by checking the month of publication too), that will be valid and effective since its publication on the Website. 

What other pages can I consult?

3.4 Since some topics are not debated here, and in particular the procedures for dealing with the data and the cookies,  we recommend you to check the FAQ, the privacy policy , the Cookie page and the messages published on the Website from time to time. 

What’s the law that rules the GC?

the General Conditions and the donations are ruled by the Italian law, under which they must also be interpreted. 

Object

How does the Accademia Filarmonica di Bologna act to raise the funds that are to be allocated to the Project OM Encore?

The funds that are to be allocated to the Project OM Encore are raised through the following means: Crowdfunding, sponsorships; donations that come from outside the Crowdfunding platform. 

Crowdfunding

How does the Crowdfunding for the Project OM Encore exactly work?

The Crowdfunding prepared for the Project has the following features: the collection period shall begin on 23 february 2016 and it shall finish on Genuary 2017; the Supporters can make one or more donations through the Website, following the instructions or through bank transfer; because of the transaction costs through PayPal, the payments made from the Website can’t be less than the sum of 5 Euros; under “keep it all” mode , the money raised  (net of transaction costs) will directly go to the Accademia Filarmonica di Bologna , during the collection and at the end of it, and it will be managed for the achievement of the Project OM Encore. 

The use of the services provided by the PayPal platform is essential to make the fund raiser possible. The Accademia Filarmonica di Bologna and GINGER are not responsible in relation to this service. 

Is it possible to claim back the money paid into the Accademia Filarmonica di Bologna through Crowdfunding?

No, it is not possible to obtain reimbursement of the donations made on the Website (or with the other procedures laid down, for example, bank transfer)

Are there any rewards for the donors?

In some cases depending on the initiatives going on , rewards are present.   For example , upon prior payment of the sum indicated on the Website, by selecting the proper form , it is possible to receive as a reward audio or audio-visual material.

For further information it is possible to write an email to the address: info@accademiafilarmonica.it

The Accademia Filarmonica di Bologna is not responsible for the possible non-delivery of the rewards to the donors.  The Accademia Filarmonica di Bologna may use, to deliver some rewards, a third party; for example postal service providers. Anyway, the Accademia Filarmonica di Bologna is not responsible for the possible non-delivery of the rewards , which shall be dued to the inefficiency of the third party in charge of the delivery. 

Some rewards will be delivered thanks to the digital download service made available by Distribuzioni dal Basso, a project of the cultural association Smk Videofactory. The Accademia Filarmonica di Bologna and GINGER are not in any case responsible for possible disservices of Distribuzioni dal Basso as a result of which a Supporter may not receive his/her  reward. 

Does each donation correspond to a reward?

5.8 Specific rewards can be periodically available on the Website, as regards to single initiatives of promotion and fundraiser. In any case the rewards don’t correspond to the donations, they’re only a symbolic token of recognition and gratitude. 

Can the names of the supporters be consulted on  the website?

The Names of the Supporters that decide to contribute to the achievement of the Project through the Website (unless they decide to remain anonymous by using the special option available in the on line form) can be published in the page dedicated to the Website, in a manner and in times compatible with the organizational and technical requirements/needs.

Furthermore, contributions related to specific initiatives (for example, sponsorships), shall be indicated in a special section of the Website or with dedicated News.

In the Website page dedicated to the names of the Supporters shall also be included the names of the Supporters that have contributed to the achievement of the Project without using the Website, for example through Bank transfer or by participating to fund-raisers.

Where are the funds raised through Crowdfunding allocated?

The funds raised to support the Project OM Encore shall be paid to the Bank Account registered to the Accademia Filarmonica di Bologna at the Banca Prossima, for the fund-raising concerning the Project.. 

Access to the Website and to the Service

Are there any conditions for accessing  the Website and the Service?

The access to the Website is unrestricted and free. 

If one wants to financially support the Project OM Encore it is necessary to fill in the on line form. The processing of data required for the registration and of banking data concerning the donation happens in the manner laid down  by the Privacy policy and, in any case, in full respect of the provisions laid down by the Italian “Codice della Privacy“ (Legislative Decree 196/2003, available on the Website of the Warranter for the processing of personal data).

Who can make donations?

Only those who are of ag can make donations (according to the respective relevant legislation), in agreement and/or with the assistance of adults. 

Associations/institutions/legal persons that want to make substantial donations  are invited to contact the Accademia Filarmonica di Bologna by sending an email to the address info@accademiafilarmonica.it , to make proper agreements. 

Rules concerning the use of the Website 

What rules must the user and the Supporter respect?

7.1 When surfing on the Website the user and the Supporter undertake to respect:

1. the Italian criminal, civil and administrative law

2. these General Conditions

3. the instructions published on the Website or expressed by the Accademia Filarmonica di Bologna and by GINGER through specific announcements, electronic announcements as well. 

4. the principles of fairness, transparency and honesty.

What are the general rules of conduct that the users, the Supporters and the Users  must respect?

7.2 users and Supporters must:

In general terms, access the Website and use the Service while fully complying with the civil, criminal and administrative laws of Community legislation, national and regional, those laws being laid down, by way of an example,  in the fields of protection of personal data (Legislative Decree 196/2003 and subsequent changes and integrations), of industrial property (Legislative Decree 30/2005 and subsequent changes and integrations), of copyright (Royal  Decree 633/1941 and subsequent changes and integrations), of e-commerce (Legislative Decree 70/2003 and subsequent changes and integrations) and by the legislation that aims to combat cybercrimes;

Particularly, (i) don’t use the Website for illegal purposes  i.e. violating public policy, or ethics, or accepted principles of morality ; (ii) don’t  use the Website to broadcast in any way illicit, pornographic, racist, obscene or defamatory material; (iii) don’t broadcast material and/or messages that could encourage other subjects to adopt an unlawful and/or criminal conduct with consequences in the fields of criminal, civil and administrative responsibility; (iv) don’t send commercial and/or promotional messages , i.e. don’t post spam , as well as any form of communication which is illicit and/or contrary to the rules of netiquette; (iv) don’t infect the Website , the net or the information system that provides the Service; (vi) don’t perform actions that create an excessive amount of information on the Website system ;

Respect the rights of the Accademia  Filarmonica di Bologna and of GINGER in the field of intellectual and industrial property.  Undertake , particularly, to recognize that the trademarks and the distinctive marks , the contents, the informations, the programs, the layouts, the texts, the pictures, the videos and the databases used by the Accademia Filarmonica di Bologna and by GINGER, as well as every technical and creative solution used by the Accademia Filarmonica di Bologna and by GINGER in the Website are covered by monopoly or they are anyhow exclusively owned by the Accademia Filarmonica di Bologna  and by GINGER,  except for when it is specifically indicated, and anyway agreed with those who own the legal rights. 

7.3 It is explicitly forbidden to the users any use of the Website which is not closely related to the aims pursued by the Accademia Filarmonica di Bologna  and by GINGER, included, by way of example, the reproduction, the sale, the distribution, the transmission, the publishment, even partial of the contents, the informations, the programs, the layouts, the texts, the photographs and the databases available on the Website and of the technical and creative solutions adopted.  

Levels of the Service and responsabilities

What are the levels of service and responsabilities?

The Accademia undertakes to comply with the General Conditions and with the other documents that can be consulted on the Website ( Privacy Policy, Cookie).

The Accademia and GINGER undertake to comply with the General Conditions (i)but they can’t guarantee a continuous and uninterrupted access to the Website, which can also be conditioned by various factors independent by their control. The access to the Website will eventually be suspended and/or interrupted, by way of an example, for technical reasons of any kind, caused by the recurrence of accidents or due to force majeure, for the breach of the obligations of the Websurfer described below,with no need for the Websurfer , in any case,to demand anything from the Accademia di Bologna and/or by GINGER; (ii) the Accademia and GINGER can alter at any time the Website and the means of access to the Service; (iii) the Accademia and GINGER can’t guarantee the seriousness of purpose and the good intentions of the surfers of the Website.