The purpose of this document is to define the terms and conditions of use of the services offered on the website www.tangerineway.com (hereinafter: the "Services"), as well as to define the rights and obligations of the parties. These terms and conditions are accessible via a link located on the home page of the website www.tangerineway.com (hereinafter: the "Site"). They can be supplemented, if necessary, by specific conditions of use for certain Services. In case of contradiction, the specific conditions prevail over these general conditions.
The Services are accessible through the Website www.tangerineway.com and this document is located in the Terms and Conditions section. The Site and the Services are managed by Tangerine S.r.l. with a share capital of € 30,000, registered in the Milan Company Register as per VAT number and tax code no. IT11810940962 and with registered office in Via California 11, 20144 Milan (Mi) (Italy) (hereinafter: "Tangerine"). Contact email: firstname.lastname@example.org
The Site allows music artists and those who represent their interests, such as music labels, public relations companies, agents in the music sector and others who have an interest in the music world (hereinafter: the "Customers") to upload and send music tracks of their creation to Playlist Curators, Social Media Influencers and Hypers (hereinafter: the "Reachers") in order to get feedback on their music and positioning on social networks (hereinafter: "Feedback and positioning").
Site: refers to the website www.tangerineway.com/home Tangerine: refers to the whole world of Tangerine S.r.l. also as indicated on the website www.tangerineway.com
User: refers to both Customers and Reachers, that is all those who have created a user profile on www.tangerineway.com. The terms "Customer" and "Reacher" are specified below; between this definition and the specific definitions, specific definitions will prevail.
Customer: any individual or legal person who uses the Site to upload and send music to the Reachers. Customers can be musical artists, artists' representatives or any other person who purchases credits to use the services offered on www.tangerineway.com. Customers upload and send only original music produced by them or by subjects they represent.
Reacher: refers to music industry experts approved by Tangerine and registered on www.tangerineway.com to provide Feedback and/or positioning on Social Networks and/or advice to Customers on the music received. Reachers are divided into individual categories Playlist Curators, Social Media Influencers and Hypers.
Services: indicate all the services provided by Tangerine on the Site, and in particular, the service that allows Customers - as indicated below - to send their tracks to the Reachers - as indicated below, the provision of musical content, and payment methods , as well as services aimed at assisting the Customer in finding Reachers.
Track: it is the part or all of a musical work of which the Customer holds the exploitation rights or is the inventor and legally assumes responsibility when uploading and sending a track.
Link to a Track: connection to an external service that allows you to listen to the track for free (such as, but not limited to, Spotify, youtube, Soundcloud, Bandcamp and others) and / or from a player integrated into the site.
Feedback: means feedback, written or audio, sent by a Reacher to a Customer about his musical production and also viewed and managed by Tangerine.
Positioning: Indicates the use, by an influencer on social networks, of a track proposed to him by a musical artist, in one or more publications on his social network profiles.
Tees: credits that can be purchased on the Site that allow Reachers to be remunerated for their feedback and placement of tracks. Customers must purchase Tees in order to submit their track to the Reachers. Tees can be converted into US dollars by Reachers who can request payment of their credit from their Personal Space.
Account: This refers to the part of the Site dedicated to a registered User. The Account consists of a part visible to other Users, the Profile, and a Personal Space accessible only by the User.
Personal Space: Part of the User's Account accessible only to the User himself and containing personal information such as his credits in Tees, and his current and past activities on the Site.
Balance: means the amount due by Tangerine to the Reacher as indicated and outlined in the specific article.
Reach Factor: Algorithm developed by Tangerine that correlates a series of parameters to assign a value to the Reacher's ability to reach an audience.
Arena: functionality of the Site that allows Customers to make their track(s) accessible to all Influencers who operate on Tangerine. Influencers can search among the tracks on the Arena and, if they want, make a creative proposal for one or more tracks by developing a corresponding request in Tees for that proposal.
The Services are accessible to users upon registration and, for Reachers, upon acceptance by Tangerine of the registration application:
The acceptance of the terms and conditions set out here is required at the time of registration to each person creating an account, with the possibility, through a link, to view the Terms and Conditions. This acceptance can only be full and complete. Any conditional membership is considered void.
The use of the Services requires the User to register on the Site, by filling in a form and creating an Account. The user must provide all information marked as mandatory. Any incomplete registration will not be validated.
Each Reachers' application for registration is validated by Tangerine to determine that they are active and qualified music experts. Acceptance criteria include their relevance to the world of music and the fact that they are creator of quality content. Tangerine has developed selection criteria for each individual Reacher category in its specific field. Tangerine reserves the right to refuse registration requests, without having to provide explanations and justifications and without the Reacher being able to claim any right and/or compensation and/or any form of remuneration, even if not economic or financial, for this refusal. Tangerine also reserves the right to cancel, upon notification to the Reacher within the deadline, the accounts of users who no longer correspond to its selection criteria.
Tangerine sends a confirmation e-mail to the address given by the User at registration. Once the registration is confirmed, the User will have an Account, which will allow him to access a Personal Area where he can view his personal data. From the Account, the User will be able to access the Services offered by Tangerine.
The User guarantees that all the information provided in the registration form is accurate, up-todate and truthful. The User is responsible for updating the information in his Account in the event of any change. The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User binds him from the moment of validation.
The User can access his Account at any time, after having identified himself using his login and password. The User commits to use the Services personally and not to allow third parties to use it on his behalf, unless he takes full responsibility for them.
The User is responsible for protecting the confidentiality of his login and password in accordance with the GDPR legislation which can be consulted here Data protection in the EU | European Commission (europa.eu) and on the website of the Privacy Guarantor GDPR 2016/679 - Privacy Guarantor). The User must promptly contact Tangerine as required by law, at the coordinates specified in Article 2 of this document, if he discovers that his Account has been used without his knowledge by third parties and must, even at a later time, provide proof. The User acknowledges that Tangerine has the right to take all appropriate measures if this occurs, including that of closing the account.
The User has access to the Services described on the Site, in the form and with the functions and technical and technological means that Tangerine deems most appropriate. The Site operated by Tangerine operates as follows:
Tangerine offers access to qualified Reachers (Playlist Curators on Spotify, Influencers on social networks, Hypers) to whom the Customer can send one or more tracks - their own or those of artists they represent - to obtain Feedback and/or positioning on social networks and/or advice to promote the track(s) on Social Networks, all in full freedom and with the Reachers assuming responsibility. Customers can buy Tees, and use them to send their tracks to the Reachers, or, if they use the Arena mode, where the tracks remain for a maximum of 7 (seven) days from the day the track is uploaded, to accept the proposal and pay for the service.
> By sending the track(s) to Playlist Curators on the Site, the Customer receives a Feedback on his/her track(s) from the selected curators. If the Customer does not receive Feedback within 3 (three) days, the amount of Tees spent to contact the Curator will be automatically be credited back.
> By sending their track(s) to the Influencer, the Customer requests a placement on the profile of that influencer on social networks. The necessary Tees are pre-set and frozen until the Reacher responds. If it is not respond within 3 (three) days, the Tees will be re-credited to the Customer. The Customer is debited only after positioning has been confirmed and proved. If the customer sends his track to the Influencers' Arena, he may receive a creative positioning proposal from one or more influencers, with a corresponding cost in Tees. The Customer may decide to accept it or not within 3 (three) days of receiving each individual proposal. If the proposal is accepted by the Customer, the cost in Tees will be deducted only after the positioning has happened and evidence is provided.
> By sending his/her track(s) to Hyper, the Customer requests the creation of a specific promotional campaign for his track. If the Hyper agrees to carry out the campaign, the cost in Tees will be charged to the Customer's Tees account.
Reachers receive track(s) from Customers via the Tangerine Site. The requests can be viewed in the Personal Space of the Reacher. The Reachers offer different opportunities depending on the area of expertise as described below:
> The curators can listen to the Track/s received from their Personal Space and give Feedback to the artist on the Track/s. The cost of the service is predetermined by Tangerine according to the Reach Factor and will be credited in Tees, which will be converted into an amount in USD currency net of Tangerine's commissions. Curators have the option of including the tracks received in their Spotify playlist.
> Influencers can listen to the Track(s) received from their Personal Space and choose to position the Track(s) on their social networks, at the cost pre-established by Tangerine according to the Reach Factor, which will be converted into an amount in currency USD net of Tangerine fees. They also have the opportunity to choose among the tracks on the Arena and make a creative proposal for a track, with a proposal in Tees. If the Customer accepts the proposal, the cost of the activity will be credited in Tees to the influencer once the activity has been demonstrated. It will be converted into an amount in USD currency net of Tangerine commissions.
> Hypers receive tracks through the Site, displayed in their Personal Space. They can agree to carry out the promotional activity of the track as specified by the Customer and at the pre-established cost in Tees. The cost in Tees of the activity will be credited into the Music Ad Expert's Tees account, net of Tangerine's commissions and once the service has been done and evidence provided.
From his Personal Space, the Reacher can request t payment in USD for the Tees earned on the site. Payment can only be requested after reaching a credit of USD 20 or more and payment will be made within the next 48 hours.
The price of the Services is indicated on the website www.tangerineway.com. Unless otherwise indicated, it is expressed in USD and includes VAT. Tangerine reserves the right, and with terms and conditions of its sole discretion, to propose promotional offers or price reductions.
The pricing of the Services may be subject to review by Tangerine. The User will be informed of this revision directly on the Site and via an email that will be sent to the address provided by the User at the time of registration. If the user does not express himself within the terms of the law and continues to use Tangerine, the proposed changes will be considered accepted.
Invoices are issued using the billing information provided by the Reacher at the time or collection depending on the payment system chosen.The User can request an invoice or receipt when purchasing Tees, if he works as an Artist, or at the time of the payment request if he works as a Reacher. The User can also obtain any copy of the invoice upon request addressed to the e-mail address team@Tangerineway.com.
The methods of payment of the price of the Services are described on the Site at this page. Payment is made by direct debit on the card indicated by the user or through the financial instrument made available by Tangerine and chosen by the User. Tangerine does not keep any bank data except when necessary for the completion of the transaction. The User guarantees Tangerine that he has the necessary authorizations to use the chosen payment method. The User commits to take the necessary measures so that the price of the Services can be automatically charged to the payment system chosen.
Individual Users are informed that a right of withdrawal applies in principle to contracts for services concluded online between a VAT subject and a consumer operating under a business or similar regime, this right must be exercised within 14 (fourteen) days from the date of conclusion of the proposed service and payment.
However, they are expressly informed and accept that the Services will be provided to them as soon as they are registered and are therefore fully performed before the end of the aforementioned withdrawal period.
The User expressly acknowledges and accepts:
Without prejudice to the other obligations established here, the User commits to the he following obligations when using the Services:
The Customer guarantees Tangerine that he is the owner of the rights on the Track he wishes to send to the Reachers.
Any intrusion into Tangerine's systems, any misappropriation of the Site's system resources, any action likely to impose a disproportionate burden on the infrastructure and any violations of security and authentication measures are strictly prohibited. Any act that may harm the financial, commercial or moral rights and interests of Tangerine or the users of its Site, and more generally any violation of these terms and conditions are strictly prohibited.
It is strictly forbidden to monetize, sell or grant access to the Services or the site in whole or in part.
In the event of a breach of any of the provisions of these terms and conditions, or more generally, of a breach of applicable laws and regulations by a User, Tangerine reserves the right to take any appropriate action, including but not limited to :
> suspend or terminate access to the Services of the User, the author of the violation, or who has participated in them,
> delete any Content published on the Site,
> publish on the Site any information messages that Tangerine deems useful,
> to refuse any interested authority,
> initiate any legal action,
> notify the competent authorities if the conditions arise.
Tangerine declines all responsibility for any loss of information accessible in the User's Personal Space, as the User must save a copy and cannot claim any compensation in this regard.
The User grants Tangerine a free, non-exclusive and sub-licensable license to use, modify, publicly display, reproduce and distribute on www.tangerineway.com the Content that he publishes, in particular the information in his Profile, Tracks and Feedback. This license ends when the User removes his Content from www.tangerineway.com or Tangerine removes the User.
In particular, the Customer grants Tangerine a royalty-free license for the following rights:
- the right to reproduce, correct, download, allow download, compress the Tracks and associated Contents (such as covers, images, videos) for the purposes of exploitation and execution of the Services, free of charge or for a fee, in whole or in part, in any format, on any medium, in particular electronic, digital, computer or video and through any tangible or intangible process, regardless of whether such supports and processes are existing or future, foreseeable or unforeseeable;
In relation to the Feedback(s) and/or positioning(s) made by the Reacher(s) and received by the Customers, the Reacher(s) grants, free of charge, the right to use the Feedback(s) and/or positioning(s) made:
Tangerine reserves the right to include on any page of the Site and in any communication to Users any advertising or promotional message in a form and under conditions of Tangerine's sole discretion.
Registration on the Site is indefinite. The User can unsubscribe from the Site at any time by sending a request to Tangerine by e-mail, at email@example.com. The cancellation of the registration will take place within the following 2 (two) days from the request and involves the automatic cancellation of the User's Account with the loss of all data for the User.
If the Reacher is inactive on the Site for a period of 365 (three hundred and sixty five) consecutive days, Tangerine reserves the right to cancel his Account.
If the Reacher makes a cancellation request, he can also request the conversion of his Tees as long as he meets the obligations described in article 11.2 of this document and that he has not been inactive for more than 365 days.
Tangerine reserves the right to modify this document called "Terms and Conditions" at any time by informing the User and indicating the changes by any useful means at least 15 (fifteen) days before their entry into force, except if the changes occur due to changes in legislation or as a result of changes in the technology connected to the services offered by Tangerine.
The User who does not accept the modified Terms and Conditions must unsubscribe from the Services, also in accordance with the terms and conditions referred to in Article 19. Tangerine considers the modifications accepted by each User who uses the Services after entering in force of the modified Terms and Conditions.
The User and Tangerine have the right to choose to take conciliatory forms as indicated by the legislation and to pursue the most useful ways and methods for all the parties involved in order not to take legal action.
In the event of translation of these terms and conditions into one or more languages, the language of interpretation will be the Italian language and in the event of a contradiction or dispute on the meaning of a term or a provision, what is indicated in the Italian language will apply.
These Terms and Conditions are regulated by Italian law. In the event of a dispute regarding the validity, interpretation and/or execution of these Terms and Conditions, the parties agree that the court of Milan (MI) will have exclusive jurisdiction, unless there are mandatory and contrary procedural rules.
These general conditions that define the terms and conditions of use of the services offered on the website www.tangerineway.com entered into force on 20/10/2021.