Legal document
General Terms of Service
Art. 1 – Scope and purpose of Localero
Localero is a digital platform dedicated to promoting musical artists who perform live and increasing their visibility.
Through the website www.localero.it and the mobile application, artists can create a public profile, share information about their live activities and take part in the visibility features offered by the platform.
The platform's purpose is artistic promotion, networking and the enhancement of the live activity of independent artists.
Localero does not organise prize competitions or prize promotions. Any artistic opportunities or participation in events that may result from using the platform are solely opportunities for visibility or occasions for artistic performance.
Art. 2 – Registration
Solo musical artists and bands who perform live and wish to promote their artistic activity through the visibility tools offered by the platform may register on Localero.
For the purposes of these terms, an independent artist is an artist who is not bound by exclusive contracts with record labels, music publishers, communication agencies, booking agencies, artist management or other parties that could limit or prevent the promotion of their artistic activities through the Localero platform.
Artists who have contractual relationships with third parties may also register, provided that such relationships do not include exclusivity clauses incompatible with the use of the platform.
By registering on the platform, the user represents and warrants:
Where the user is bound by contracts with third parties, the user is solely responsible for verifying that such contracts are compatible with the use of the platform.
Localero accepts no liability for any breach of contract committed by users towards third parties.
The user also undertakes to indemnify and hold harmless Localero, its directors, collaborators and partners from any claim, demand for compensation or legal action brought by third parties arising from the breach of the rights or obligations set out above.
Registration on the platform takes place exclusively through the official Localero website or mobile application.
Localero reserves the right, at its sole discretion, to suspend, restrict or delete the accounts of users who breach these terms or who use the platform in a manner inconsistent with the purposes of the service.
Art. 3 – Free registration and paid subscription
Registration on the platform is free of charge.
Localero may in the future introduce additional paid services ("Premium account") offering advanced promotion or visibility features.
The activation of any paid services will always be optional.
The pricing terms of premium services will be stated separately before purchase.
Art. 4 – LocaRanking: the Localero ranking
The Localero platform includes a feature called LocaRanking. It is a dynamic ranking of the artists on the platform, based on the information and activities shared by users about their own and other artists' live performances.
The LocaRanking serves visibility purposes only. It is a tool intended to celebrate users' artistic activity and to help people discover artists who are active in live music.
Artists are included in the LocaRanking automatically once they register on the platform and publish live activities.
Position in the LocaRanking is determined by a calculation system based on a proprietary Localero engine, which takes into account a number of variables relating to the artist's activity on the platform.
The LocaRanking is updated at intervals set by Localero, normally once a day at 03:00 (CET), unless technical or organisational needs require otherwise.
To determine ranking positions, only activities related to the promotion of live music and to live performances actually held and correctly entered on the platform in accordance with these General Terms may be taken into account. Localero reserves the right to exclude or disregard activities that cannot be verified, are inconsistent, or have been entered in breach of these terms.
Live activities relevant to the LocaRanking are taken into account within a time window defined by Localero, after which they no longer count towards the ranking.
The LocaRanking is not a competition between users, nor a prize competition, prize promotion or equivalent initiative. It does not award prizes, winnings or financial rewards based on the position reached.
Position in the LocaRanking does not confer any automatic right to take part in events, to enter into contracts or to receive any payment.
The LocaRanking serves only to provide information and visibility within the platform.
Localero reserves the right to change, at any time, how the engine works, how the ranking is calculated and how often the LocaRanking is updated, in order to improve the service.
The engine used to run the LocaRanking is confidential proprietary information of Localero and is not subject to any obligation of disclosure or publication.
Position in the LocaRanking is not a vested right and cannot be the subject of a request for review or a challenge by users.
Art. 5 – Definition of Talent
To recognise the commitment and live activity of the artists who use the platform, Localero has developed a proprietary calculation engine called LocalEngine, which assigns a score to the activities artists carry out on the platform.
The score is expressed in a unit called "Talent", used only within the platform to represent the artist's level of activity and participation.
Talents are awarded on the basis of the information and activities published or shared by the artist on the platform, according to criteria set by LocalEngine.
Using this scoring system, Localero produces the LocaRanking, the dynamic ranking of the artists on the platform.
Several factors may be taken into account when calculating Talents, including, by way of example and without limitation:
The scoring system also awards symbolic badges representing different levels of activity on the platform:
| Talents | Badge |
|---|---|
| 0 – 1,000 | Roadie |
| 1,000 – 3,000 | Beginner |
| 3,000 – 5,000 | Stage Rider |
| 5,000 – 7,000 | Headliner |
| > 7,000 | Rockstar |
Badges serve only as a symbolic representation of the artist's level of activity within the platform and do not confer any financial right, prize or contractual advantage.
The scoring system and the LocaRanking are visibility and gamification tools intended to recognise artists' activity and to help people discover new musical talent.
The LocalEngine is developed and operated by Localero and is considered confidential proprietary information. Localero reserves the right to change how it works at any time in order to improve the platform experience.
Position in the LocaRanking, the number of Talents or the badges obtained do not confer vested rights, nor do they guarantee professional opportunities, participation in events outside the Localero community, or financial rewards.
How the platform works, including its systems for ranking artists and giving them visibility (such as the LocaRanking and the scoring system based on the proprietary LocalEngine), is determined according to technical and organisational criteria defined by Localero.
The engine used to run the platform is confidential proprietary information of Localero and is not subject to any obligation of disclosure or publication.
Position in the LocaRanking, the score assigned to artists and the way the LocalEngine works do not constitute vested rights for users and cannot be the subject of a request for review or a challenge.
Art. 6 – LocaLive: the Localero event
Localero may organise music events called "LocaLive", aimed at promoting live music and showcasing the artists on the platform.
LocaLive events are opportunities for the artists involved to perform and gain visibility. They are not prizes, winnings or awards resulting from competitions between users.
Participation in LocaLive events is by invitation from the Localero team, based on organisational and artistic assessments that may take into account several factors, including, by way of example:
Position in the LocaRanking does not confer any automatic right to take part in LocaLive events. Artists are selected on the basis of an overall assessment that takes into account, among other things, their activity on the platform, their position in the LocaRanking, their availability and the organisational and artistic needs of the event.
Localero reserves the right to decide, for each event:
Invited artists may receive an artist fee for their performance.
The fee is paid only for the live performance actually given and is in no way linked to the artist's position in the LocaRanking.
Merely appearing in the ranking or reaching certain score levels does not give rise to any right to payment.
The artist fee paid to artists invited to LocaLive events may be paid by Localero or by third parties involved in organising the event, such as, by way of example, the host venue or any sponsors of the initiative.
In such cases Localero may simply put the artists in touch with the event organisers, and any financial arrangements for the performance may be agreed directly between the parties. For information only, and without this constituting any commitment on Localero's part, the average fee per band or musical project may be around 500 euros.
If an invited artist cannot or does not wish to take part in the event, they may say so within the deadline set by Localero. In that case Localero may invite other artists on the platform.
Localero may organise LocaLive events directly or in collaboration with venues or third-party partners.
In such cases any financial arrangements for the performance may be agreed directly between the artist and the organising venue or partner.
Localero reserves the right to decide how many LocaLive events are organised during the year, depending on platform activity and the availability of host venues.
Art. 7 – Proper use of the platform
Users undertake to use the Localero platform properly, transparently and in line with the purposes of the service, in compliance with these General Terms, applicable law and the rights of other users.
In particular, users undertake to provide truthful, up-to-date and complete information about their artistic identity, the live activities they publish on the platform and any content or information entered in their profile.
The following is expressly prohibited:
Localero reserves the right to carry out checks, including through internal controls or reports from users or third parties, to establish whether these terms have been breached.
In the event of a breach of these provisions, Localero may, at its sole discretion and without notice:
Localero remains entitled to take further measures where breaches are particularly serious or repeated.
The user remains liable towards Localero and third parties for any damage resulting from improper use of the platform and undertakes to indemnify and hold harmless Localero from any claim, demand or legal action arising from such conduct.
Art. 8 – Content published by artists
Artists using the Localero platform may publish and share content relating to their artistic activity, including, by way of example, biographical information, images, videos, audio recordings, descriptions of live events and any other material useful for promoting their musical activity.
Content published on the platform remains the property of the artist or of the parties who hold the rights to it. The artist is solely responsible for the accuracy, lawfulness and correctness of the content published.
By publishing content on the platform, the artist grants Localero a free, non-exclusive, transferable licence, usable for promotional purposes, allowing Localero to use, reproduce, publish and distribute such content:
This authorisation also applies if the artist later decides to stop using the platform, limited to content already published or used in promotional activities.
The artist represents and warrants that they hold the rights needed to publish the content on the platform and undertakes not to publish material that infringes the rights of third parties, including copyright, image rights or contractual rights.
Localero accepts no liability for content published by users or for any infringement of third-party rights resulting from its publication.
Should third parties bring claims or disputes relating to content published by users, the artist undertakes to indemnify and hold harmless Localero, its directors, collaborators and partners from any claim, damage or cost arising from such disputes.
Localero reserves the right to remove, modify or limit the visibility of content deemed inconsistent with these terms, applicable law or the purposes of the platform.
Art. 9 – Release for content from Localero events. Reviews
During events organised or promoted by Localero, including LocaLive events, audio, video and photographic recordings may be made of the artistic performances and of the activities taking place during the events.
By accepting these General Terms, artists taking part in such events authorise Localero, as well as any technical or organisational partners involved in running the events, to record, reproduce and distribute images, videos and audio recordings of the artistic performances.
Localero may use such content to communicate, promote and document the platform's activities, including publication on websites, social media channels, promotional materials and any digital or traditional media connected to the Localero project.
The images and recordings of the artistic performances are used free of charge, without prejudice to any artist fee paid for the live performance, where applicable.
Artists declare that they have no claim against Localero or the parties involved in organising the events for the use of images, audio or video recordings of their performances, within the limits of the promotional and communication purposes stated above.
Artists further warrant that they hold the rights needed to perform the musical works during their performances and that they are responsible for any obligations towards collective copyright management organisations or other rights holders of the works performed.
Localero reserves the right to use excerpts of event recordings also for archiving, promoting the platform or documenting its activities.
The Localero platform may allow artists to post reviews, ratings or feedback about the venues or events where their musical performances took place.
These reviews are intended to help artists in the Localero community share useful information about the places where live performances are held, such as, by way of example:
Users undertake to publish truthful, fair reviews that respect the rights and reputation of third parties.
Publishing offensive, defamatory, discriminatory or otherwise unlawful content is not permitted.
Localero accepts no liability for content published by users in reviews, without prejudice to the platform's right to moderate, edit or remove content deemed inconsistent with these General Terms or applicable law.
Localero further reserves the right to suspend or restrict access to the review features where abusive conduct or conduct inconsistent with the purposes of the platform is detected.
Art. 10 – Privacy
The personal data of users of the Localero platform is processed in accordance with Regulation (EU) 2016/679 (GDPR), Italian Legislative Decree 196/2003 as amended by Legislative Decree 101/2018, and applicable data protection law.
The company operating the Localero platform is ScAr Foundry, with registered office at Via C. Battisti 14, Fagnano Olona, VAT no. 04144600121. It normally acts as Data Controller for the personal data collected and processed in connection with the use of the platform.
Purposes of processing and legal bases
Users' personal data may be processed for the following purposes:
a) Registration and management of the user account The personal data provided by the user at registration (such as, by way of example, name, email, and information about their artist profile and live activities) is processed to allow the creation and management of the account on the platform. Legal basis: performance of a contract or pre-contractual measures under Art. 6(1)(b) GDPR.
b) Provision and operation of the service Users' data may be processed to operate the platform, including the features for publishing content, managing live events, and running the LocaRanking and gamification features. Legal basis: performance of a contract under Art. 6(1)(b) GDPR.
c) Management of organisational activities and events Personal data may be processed to manage events connected to the platform (such as LocaLive events) and the organisational activities related to artists' participation. Legal basis: performance of a contract and the Controller's legitimate interest under Art. 6(1)(b) and (f) GDPR.
d) Service-related communications Users' data may be used to send communications about the operation of the platform, service updates, technical notifications or information about the platform's activities. Legal basis: the Controller's legitimate interest under Art. 6(1)(f) GDPR.
e) Promotion of the platform's activities Data and content published by artists may be used by Localero to communicate and promote the platform and its related activities, within the limits set by these terms and applicable law. Legal basis: the Controller's legitimate interest under Art. 6(1)(f) GDPR.
Possible role as Data Processor
In specific circumstances, where personal data is processed on behalf of third parties (for example partners, event organisers or other parties involved in the platform's activities), Localero may act as Data Processor under Art. 28 GDPR, on the basis of specific contractual agreements with the data controllers.
Data retention
Users' personal data is kept for as long as necessary to achieve the purposes for which it was collected, and in particular:
Data relating to content published by users on the platform may also be kept after the account is closed if it has been used in the platform's promotional or communication activities.
Disclosure of data
Personal data may be disclosed to third parties that support the Controller in the technical and operational management of the platform (for example IT service providers, hosting providers, technical partners or event organisers). They act as Data Processors or independent Data Controllers, as provided by applicable law.
Data subjects' rights
Users may exercise at any time the rights provided by Articles 15–22 GDPR, including:
Requests to exercise these rights may be sent to the Data Controller using the contact details given in the Privacy Policy.
Privacy Policy
Full information on the processing of personal data, including the categories of data processed, the recipients of the data and how data subjects can exercise their rights, is available in the Privacy Policy published on the Localero website.
Art. 11 – Changes to the General Terms of Service
Localero reserves the right to change, supplement or update these General Terms at any time where necessary for organisational, technical, functional or regulatory reasons, or as the activities and services offered through the platform evolve.
Changes will be communicated to users by publishing the updated version of the General Terms in the relevant sections of the Localero website or application and, where appropriate, by notifying registered users.
Unless otherwise stated, changes take effect from the date they are published on the platform.
Continuing to use the platform after the changes have been published constitutes acceptance of the updated General Terms.
Users who do not wish to accept the changes may stop using the platform and request the deletion of their account.
Art. 12 – Disputes
These General Terms are governed by Italian law.
The Court of Milan has exclusive jurisdiction over any dispute concerning the interpretation, performance or validity of these General Terms or arising from the use of the Localero platform, except where applicable law provides otherwise.