Who we are
The company Intransikbeats (Hereinafter referred to as “the Company”) is a simplified joint-stock company, with its registered office at 83 BD DES MIMOSAS 83700 Saint-Raphael, registered in the Paris Trade and Companies Register under the number n ° 825 302 003 RCS Paris. These General Conditions of Use define the legal framework for the use of the site www.intransikbeats.com offered by the Company. By contracting with the Company, users and artists unreservedly accept these General Conditions of Use. They declare and acknowledge, therefore, having read these General Conditions. The site www.ironshirtrecordings.com is published by the Company. It is hosted by Bluehost – bluehost.com. Mr. Steven Riou is the director of publication of the site. It is possible to contact the Company at the address indicated at the top of this document, or by email at contact@ironshirtrecordings.com. and by phone on +33 (7) 68500269;
ARTICLE 1 – DEFINITIONS
In the General Conditions of Use, words or expressions starting with a capital letter have the following meaning:Intellectual Property Law: all literary and artistic property rights (copyright and neighboring rights), industrial property (brand, design and model and patent) provided for in the Intellectual Property Code and International Treaties;
Artist: refers to all of the artists referenced on the Site;
Artist Space: designates his personal space accessible on the site www.ironshirtrecordings.com allowing him to manage his account and transaction;
User Space: means the personal space accessible on the site www.ironshirtrecordings.com allowing Users to access all of the functionalities offered by the Site;
Product: refers to all of the musical content (CD, Vinyl, digital content), derivative products and tickets available for sale on the Site;
Services: refers to all of the online listening services, the purchase of musical content, derivative products and more generally any present or future functionality put online on the Site;
Site: refers to all of the elements structuring the Website accessible at the address www.intransikbeats.com as well as all of the content created, including in particular: the graphic charter, the frames, the banners, the flash and video animations, the source code, html code and programming;
User: means any natural person wishing to access the Services;
ARTICLE 2: Purpose and scope
The Company has developed the www.ironshirtrecordings.com website which allows users with an account to access the playlists of the listed artists, buy music content, derivative products and follow the artists’ news. The Company also provides Artists with an interface allowing them to manage digital album sales.
Navigation on the Website is completely free and does not require any commitment in the form of a subscription.
By using the Site, the User unreservedly accepts these General Conditions of Use (hereinafter referred to as the “CGU”). He therefore declares and accepts that he has read and understood the provisions of these T & Cs. At any time, if a User disagrees with one of the clauses of the T & Cs, he must immediately stop using the Site and the associated services.
These Terms are available at any time by clicking on a direct link located at the bottom of each page of the Site. These T & Cs define the legal framework for the use of the Site by Users and the relationships that can be established between Artists, Users and the Company. These T & Cs also contain information relating to the rights of Users and the restrictions imposed on these rights by laws or regulations.
ARTICLE 3: Entry into force – duration
These Terms are applicable for the entire period of use of the Site.
The Company reserves the right to modify these T & Cs at any time. Any modification will take effect from their publication. Users and Artists agree to be informed of the updated T & Cs by their publication on the Site.
By continuing to use the Site or accessing it after the effective date of the updated T & Cs, they declare that they have taken note of the updates and accept all the modifications made to them. These conditions govern any conflicts that may arise before the effective date of the updated T & Cs.
The latest version of the T & Cs available online on the Site will prevail, where applicable, over any other version of these T & Cs.
ARTICLE 4: advance information
This Site may contain hyperlinks to third-party functions or websites or third-party applications. The images and comments appearing on the Site may also include links to third-party applications. The Site also includes third-party content that the Company does not control, manage or endorse.
The functionality of the Site may allow interactions between the Site and a Third Party Application. The Site may also include a function allowing the User to share content from the Site or its content with a third party. This content can be published on the website or the application of this third party.
The Company has no control over third-party websites and their content, and cannot therefore be held responsible for these third-party functionalities or websites. Correspondence and commercial transactions with third parties found through the Site are the sole responsibility of the User and the third parties.
The User can choose to use an application that connects the Site or its profile on the Site to a third-party application. In this case, this third-party application may interact with its profile on the Site, connect to it, take information from it or deposit data there.
By using such third-party applications, the User acknowledges and accepts the following points:
- if the User uses a third-party application to share information, he consents to the sharing of data concerning his profile on the Site;
- its use of a third-party application may result in the disclosure of information making it possible to identify it personally, even if the Company has not provided this information itself;
- he uses third-party applications of his own free will and at his own risk and releases the responsibility of the Company in the event of a problem relating to activities linked to third-party applications.
ARTICLE 5: Creation of an account
5.1 Creation of a User account
Navigation on the Site and access to the information published there is free and does not require any registration on the Site. However, to access all the functionality of the Site, the User must create an account.
Whenever you use the Site, the User must systematically enter their identifiers, which they must keep secret. These identifiers are non-transferable and for strictly personal use. The User must ensure that their identifiers are not used or likely to be used by third parties. As such, the User undertakes to keep the various elements making up his identifiers separately.
By creating this account, the User guarantees that he will protect information relating to his account and will be fully responsible for any use of his account by himself or by a third party.
The User must, in order to definitively validate his account, enter the following information via his User Space:
Last name and first name ;
E-mail adress ;
Password;
Once their account is definitively validated, the User can transmit certain optional additional information. This optional information, which a lack of response would have no effect on the validity of the User’s registration, allows access to all of the features developed by the Site.
Once their User account is definitively validated, the User will receive a confirmation email. He can then access the functionalities of his account.
In the event of a breach of the provisions of these T & Cs, the Company reserves the right to modify or terminate access to the Site at any time, without notice and without liability to the User. In this case, the published content will no longer be accessible.
Users have a right of opposition, access, rectification and deletion of personal data concerning them, as well as a right of opposition for legitimate reasons, which they can exercise under the conditions provided for by the law by sending an email to the Company at contact@ironshirtrecordings.com, specifying their last name, first name, e-mail address.
5.2 Création d’un compte Artiste
The creation of an Artist account requires the intervention of Site administrators. In order to create an account and post musical content, the Artist must first contact the Company at the address or number available at the top of these Terms.
Once contact has been established with the Company, the latter will provide the Artist with an interface allowing him to manage the income generated by the purchase of online musical content.
Article 6 : Présentation des Services proposés
6.1 Services proposés aux Utilisateurs
Creating a User account gives access to all of the following features:
6.1.1 Creation of the profile page and access to the search bar
The Company, through its Site, offers Users to create a page allowing them to listen to all of the Artists’ playlists.
The User can directly access the titles of the Artist of his choice on the search bar dedicated to this purpose. A “favorites” space is made available to Users in order to access the playlists they have selected on the Site. The User can directly consult the news of the selected Artists. The Company provides Users with an interface allowing them to follow the latest news from Artists.
The User will have access to the following information:
Concert date;
Musical news;
6.1.2 Purchase of Products online
The Products offered for sale by the Company are described and presented with the greatest possible accuracy on the Site. The User selects the Products or services he wishes to order, and can access the summary of his order at any time.
The summary of the order presents the list of products and services that the User has selected, and includes any additional costs such as the delivery price added to the price of the products and services. The User has the possibility of modifying his order and correcting any errors before the process of final validation of his order.
After accessing the summary of his order, the User confirms the acceptance of his order by checking the validation box, then by clicking on the validation icon of the order. The mention commande ’order with obligation to pay figure appears next to the validation icon of the order in order to ensure that the User explicitly acknowledges his obligation to pay for the Order.
After acceptance of these Terms and validation of the order with payment obligation, the contract is validly concluded between The Company and the User and binds them irrevocably.After the validation of his order and in order to be able to make the payment, the User enters the contact details to which he wishes to receive the products or service, as well as the billing address if they are different.
The User validates his delivery and billing details if necessary by checking the validation details box. The Company then sends him an order confirmation by email, containing the elements of the summary of his order and the delivery addresses and, where applicable, invoicing addresses.
After validating their delivery and billing details, the User proceeds to pay for their order. The prices are mentioned on the Site in, in euros and all taxes included.
Orders on the Site are payable in euros. The full payment must be paid on the day of the order by the User, by bank card unless special conditions of sale expressly accepted by the User and the Company.
In the event of payment by bank card, the Site uses the security system of “PayPal”, a service provider specializing in the security of online payments. This system guarantees the User complete confidentiality of his banking information. The credit card bank transaction, carried out between the User and the secure system is therefore fully encrypted and protected. The information related to the order and the number of the bank card do not circulate on the internet. The User’s bank details are not stored by computer by the company.
The User guarantees to the Company that he has the necessary authorizations to use the payment method, when placing the order.
The Company reserves the right to suspend or cancel any execution and / or delivery of an order, whatever its nature and level of execution, in the event of default or partial payment of any sum which may be due by the User to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an order.
In accordance with the provisions of the Consumer Code, the User has a period of 14 clear days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without having to justify reasons nor to pay a penalty.
To exercise his right of withdrawal from the Order, he must notify his decision to withdraw by means of an unambiguous declaration, without justifying any reasons. The Customer can communicate his decision of withdrawal to the Company by email at the address indicated at the beginning of this document.
In the event of notification to the Company by the User of his decision to withdraw, regardless of the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).
The User must return the Product (s) in the same condition as that in which he received them, and with all the packaging elements, accessories and instructions (even if the Product (s) has or have been unwrapped, as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract. In accordance with the law, the User bears the costs of returning the Product (s).
In the event of withdrawal, the reimbursement of the Product (s) which have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Parties expressly agree on a means different. In any event, this reimbursement will not incur any costs for the User.
In accordance with the provisions of the Consumer Code, the User is informed that his responsibility is engaged with regard to the Company only for a depreciation of the Product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
6.2 Services offered to Artists
The Company provides its Artists with an interface allowing them to post free musical content and to offer titles, Products for sale. The Company provides Artists with a dashboard allowing them to organize all payment transactions and make transfers directly to their bank account. Indeed, the funds resulting from the Products sold will be made available to the Artist in his Artist space. He will be able to transfer the funds to his personal bank account.
The Company is in no way a banking establishment and all the services of payment intermediary, collection on behalf of third parties and creation and management of electronic purses are provided by our partner PayPal (Europe) S.à rl et Cie, SCA (“PayPal”), approved and specialized in these services. The Company therefore invites you to take note of their General Conditions of Sale accessible at the address www.paypal.com It is therefore the responsibility of the Artists to check the adequacy of the Services for their needs.
The transactions carried out through them are secured using an SSL encryption process in order to strengthen all the scrambling and encryption processes by optimizing the protection of all personal data linked to this means of payment.
The banking information is communicated to the secure payment service provider “PayPal” in order to be able to pay the remuneration linked to the sales made. The Company never has access to confidential information relating to the means of payment of Artists and Users.
Article 7 : Obligations
Users and Artists agree, during the use of the Site, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. They are solely responsible for the use made of the Site. As such, the responsibility of the Company may in no case be engaged.
To this end, they undertake:
- not to publish any content containing a corrupted file;
- not to publish any content that violates the rights of a third party.
The User must ensure that the use made of the Site does not contravene any law and regulation in force, he is prohibited from creating or using on the Site, without authorization, other User Spaces under his own identity and / or that of a third party, it being recalled that any identity theft is liable to prosecution and criminal sanctions, that finally any violation of this commitment may result in the immediate suspension without notice of its User Space.
The User agrees to:
- not violate any of the protected rights, whether human rights or those provided for by the Civil Code and the Intellectual Property Code (Copyright, neighboring rights, trademarks, patents, image rights, etc.) ,
- do not use content that is of a nature:
to offer an illegal or unauthorized copy of works protected by copyright, patents or trademarks;
solicit passwords or personal information from other Users for illegal commercial purposes;
to distribute, reproduce, publish or modify in any way whatsoever the elements protected by copyright, registered trademarks or any property right belonging to third parties without their prior consent.
ARTICLE 8: Liability- Complaint
The Company implements all the measures necessary to ensure the User the provision, under optimal conditions, of the Services. However, it cannot in any case see its responsibility engaged for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to a User, or to the unpredictable and insurmountable fact of a third party foreign to the contract, or to a case of force majeure. More generally, if the responsibility of The Company is engaged, it could in no case agree to compensate the User for indirect damage or for which the existence and / or the quantum was not established by evidence.
It is up to Users and Artists to comply with all applicable legal rules, in particular, Users are solely responsible for the use they make of the Website and for the direct or indirect consequences of this use. They are responsible for using it in accordance with the regulations in force and the recommendations of the C.N.I.L. The Company cannot be responsible for the choices made by the User.
In no case shall the Company, its subsidiaries or affiliated entities, or one of their employees, directors, administrators, agents, resellers, partners, third-party content providers or licensors, or one of their directors, administrators, employees or agents, will not be held liable for any indirect, incidental, special, ricochet or punitive damages arising from or relating to:
- the use of the Site or the User Services;
- the User’s inability to use the Application, the Site or the Services;
- these Terms of Use.
In no case shall the liability of the Company in the context of the services exceed the value of the sums it has received. The User also agrees that any grievance drawn from or relating to the Site or the Services must be made within one (1) year from the fact giving rise to the grievance, under penalty of definitive foreclosure by reason of the said grievance. Some countries do not allow limitations on how long an implied warranty lasts, so some or all of the above limitation may not apply to certain Users.
In addition, the Company cannot be held responsible for the non-functioning, impossibility of access or dysfunction of the services of the access provider of Users, to those of the internet network. It will be the same for all other reasons external to the Company. Indeed, although the Company makes every effort to avoid malicious use of the site www.intransikbeats.com, the Company cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely contaminate computer equipment and programs.
It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, in the event that the users’ computer equipment or electronic mail rejects, for example due to anti-spam, emails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary statement of the order.
The User is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
ARTICLE 9: Intellectual property rights
“Iron Shirt Recordings” is a registered trademark with the Intellectual Property Office, UK.
The general structure of the Site, the Services and all the elements composing it (such as, in particular, logos, domain names, phonographic or videographic recordings and their associated elements, including photographs, images, texts and biography of the authors, performers and / or any other person entitled to the phonographic or videographic recordings as well as the visuals of the packaging of these recordings) are the exclusive property of the Company and / or its licensors (in particular phonographic and / or videographic producers, record companies, company collective management of copyright (such as SACEM), etc.)
All these intellectual creations are protected under copyright, trademark law, patent law, sui generis right of databases and image rights, and this for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only the use of the Site and the Services for private use subject to different or even more restrictive provisions of this code, is authorized.
Any total or partial representation of the Site, the Services and / or the elements composing them (as described above) by any process whatsoever, without the express authorization of the Company is therefore prohibited and would constitute an infringement punishable by Articles L. 335- 2 and seq. of the Intellectual Property Code.
Any form of total or partial copy, suction and reproduction of the database produced and operated by the Company on the Site is strictly prohibited without its prior written consent.
The phonographic recordings offered for listening on the Site are digital files protected by national and international provisions on copyright and rights related to copyright. As such and in accordance with the provisions of the Intellectual Property Code, only listening to them in an exclusively private setting is authorized. Any use for purposes other than private exposes the User to civil and / or criminal legal proceedings. Any other use of these digital files is strictly prohibited and in particular any download or attempted download, any transfer or attempted transfer permanently or temporarily to the hard drive of a computer or any other device (including digital music players and others portable digital audio players) , any burning or attempted burning to CD or any other medium is expressly prohibited.
The User declares to take note that the phonographic recordings made available to him for listening in the form of digital files within the framework of the Services offered are protected by technical protection measures in order to prevent or limit, within the limits of technical constraints existing in the matter and available technologies, uses of these recordings not provided for in these T & Cs.
The User undertakes not to use any technical measure likely to allow the circumvention of technical protection measures in order to download these digital files and allow their conservation in the storage unit of their receiving terminal whatever it is (PC, mobile phone, portable music player and other portable digital audio players, etc.).
The User declares to take note that the fact of knowingly undermining a technical measure of protection exposes him, by application of the provisions of article L. 335-4-1 of the Code of Intellectual Property to the payment of a fine of 3,750 euros and that the fact of knowingly procuring or proposing to others, directly or indirectly, means designed or specially adapted to infringe a technical protection measure being punishable by a prison sentence of six months and a fine of 30,000 euros.
ARTICLE 9: Protection of personal data
It is compulsory to provide personal information collected in the context of these T & Cs. This information is necessary for the processing and the provision of the Services. The lack of information prevents the proper functioning of the Services offered online.
The User acknowledges and agrees that personal data may be transferred or stored outside the country where the Company and / or authorized Users are located, for the purpose of performing the Services provided for in these T & Cs.
Regarding users located in the European Economic Area (“EEA”), they recognize and agree that personal data may be transferred or stored outside the EEA, for the purpose of performing the Services provided for by these Terms of Use.
Users must ensure that they have the right to transfer the personal data concerned so that the Company can legally use, process and transfer it on their behalf in accordance with the T & Cs.
The Company collects personal data only in compliance with the terms of these Terms of Use and any legal and reasonable instructions given at any time by Users
Each party will take the appropriate technical and organizational measures to combat the unauthorized or illegal processing of personal data or their accidental loss, destruction or deterioration.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission of the ‘Computing and Liberties under the number [2041072 v 0]
ARTICLE 10: Protection of personal data
It is compulsory to provide personal information collected in the context of these T & Cs. This information is necessary for the processing and the provision of the Services. The lack of information prevents the proper functioning of the Services offered online.
The User acknowledges and agrees that personal data may be transferred or stored outside the country where the Company and / or authorized Users are located, for the purpose of performing the Services provided for in these T & Cs.
Regarding users located in the European Economic Area (“EEA”), they recognize and agree that personal data may be transferred or stored outside the EEA, for the purpose of performing the Services provided for by these Terms of Use.
Users must ensure that they have the right to transfer the personal data concerned so that the Company can legally use, process and transfer it on their behalf in accordance with the T & Cs.
The Company collects personal data only in compliance with the terms of these Terms of Use and any legal and reasonable instructions given at any time by Users
Each party will take the appropriate technical and organizational measures to combat the unauthorized or illegal processing of personal data or their accidental loss, destruction or deterioration.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been declared to the National Commission of the ‘Computing and Liberties under the number [2041072 v 0]
ARTICLE 10.1: Use and transmission of personal data
In order to ensure the functioning of the Site, the Company must carry out the necessary processing of the personal data of Users and Artists. The data processed are transmitted directly in the following manner and for the following purposes:
- Create an account
- Content Purchase
- Access to playlists
The information of personal data collected for these purposes is mandatory for the confirmation and validation of their account. Otherwise, the Services cannot be provided.
The Company may also use this data for the processing of User requests as well as to strengthen and personalize its communication, in particular by information letters / emails, and finally to personalize the Platform according to the preferences observed by Users.
The Company may also provide its partners with consolidated statistics relating to Users, these statistics however containing no personal data.
These data can be transmitted to the technical service providers of the Company, for the sole purpose of the proper performance of the Services, or to its various suppliers such as payment solution providers. The User and the Artist agree that the Company may share information concerning them in order to facilitate their use of the Site.
The personal data communicated will be destroyed at the latest six months after the deletion of the account. The Company reserves the right to keep certain data in order to justify, if necessary the perfect performance of the contractual or legal obligations of Users and Artists. The data thus stored will be limited to what is strictly necessary.
ARTICLE 10.2: Newsletters
By checking the box provided for this purpose or by expressly agreeing to this end, the User accepts that the Company may send him, at a frequency and in a form determined by the User, a newsletter (newsletter ) which may contain information relating to its activity and musical novelties.
When the User ticks the box provided for this purpose, he agrees to receive commercial offers from the Company for the products or services offered by the Company.
Subscribed members will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).
ARTICLE 10.3: Rights of access, modification, opposition and deletion
In all cases, the User has the right to access, modify, oppose and delete personal data concerning him by writing to the following address:
contact@ironshirtrecordings.com stating their last name, first name, e-mail and address.
In accordance with the regulations in force, any request must be signed and accompanied by a photocopy of an identity document bearing the signature of the User and specify the address to which the response must be sent. A response will then be sent within 30 days of receipt of the request.
ARTICLE 10.4 Use of cookies
In accordance with the CNIL’s deliberation n ° 2013-378 of December 5, 2013, the Company also informs that cookies record certain information relating to the User which is stored in the memory of its hard disk. This information is used to generate Site audience statistics and to offer Services according to the Services they have already selected during their previous visits. An alert message, in the form of a banner, asks each person visiting the Site, beforehand, if they wish to accept cookies. These cookies do not contain confidential information about the User.
The User going to the home page or another page of the Site directly from a search engine will be informed:
the precise purposes of the cookies used;
the possibility of opposing these cookies and changing the settings by clicking on a link in the banner;
and the fact that continuing to browse constitutes agreement to the deposit of cookies on your terminal.
To guarantee the free, informed and unequivocal consent of Users visiting the Site, the banner will not disappear until it continues its navigation.
Unless prior consent, the deposit and reading of cookies will not be carried out:
if the User goes to the Site (home page or directly to another page of the Site from a search engine for example) and does not continue his navigation: a simple lack of action cannot be effect assimilated to a manifestation of will;
or if he clicks on the link in the banner allowing him to configure cookies and, if necessary, refuses the deposit of cookies.
ARTICLE 11: Provision of technical orders
The Services are provided as is and to the extent of availability. The Company does not guarantee an error-free supply, without punctual and secure interruption of the Services offered via the Site.
It is not bound by any obligation of personalized technical assistance. It disclaims all express or implied guarantees, in particular concerning the quality and compatibility of the Site for the use that Users will make of it.
It does not guarantee any result or profit in the use which will be made of the Services offered through the Site.
Nor does it guarantee that the files transmitted by the Artists cannot be subject to intrusion by unauthorized third parties, nor be corrupted or downloaded, nor that the information and data circulating on the Internet are protected against such attacks. or possible diversions.
ARTICLE 12 : Securité
12.1 Généralités
Users and Artists agree to take all reasonable precautions to preserve the confidentiality of their identifiers allowing access to the Site. In this regard, Users and Artists undertake in particular to:
Do not write anywhere their identifiers anywhere, even in coded form;
Always use their identifiers out of sight;
Be careful not to enter their identifiers in front of third parties;
Regularly consult their account to detect any suspicious payment transaction.
It is also strongly recommended to change, at regular intervals, the password required for access to the Site, by accessing your account, tab “my account”, “my password”, then “edit”.
When changing his password, the User or the Artist must ensure that the password does not consist of easily identifiable combinations such as, for example, his name, first name, date of birth, or those of a relative (spouse, child, etc.), a password used for other uses (in particular for personal messaging, etc.).
They must in particular make sure to choose a password long enough and composed whenever possible, of a combination comprising at the same time letters, numbers, as well as characters in upper and lower case.
The Company may, at its discretion, impose a password expiration date beyond which they will not be able to access the Site and the Services without first changing their password.
They also agree not to store identifiers on their computer, smartphone and / or digital tablet, or to send them via unsecured transmission channels such as email, sms, etc.
The User is also responsible for erasing the information stored on their computer, Smartphone and / or Digital Tablet after the payment transaction, in particular the deletion of cookies and history or the deletion of stored data in the cache.
The Internet is an open international telecommunications network to which the User can have access via a computer, a Smartphone or a Digital Tablet. To access the Site and the Services, the User must comply with the technical requirements (concerning equipment and software) as described in these Terms.
The User is required to take all necessary measures to ensure that the technical characteristics of his computer, Smartphone, or Digital Tablet, as well as the software and internet subscription, allow him to access the Site safely.
The User is fully responsible for the proper functioning of their IT equipment, as well as their connection to the internet. As such, the User must ensure that this equipment does not present any problem or Virus and has sufficient security to prevent the risk of a third party gaining access to their Account and to the data that this space contains. .
The User must make every effort to preserve this security. For this, the User must ensure in particular that there is no risk of hostile programs or Viruses accessing and disrupting the Company’s computer systems. In particular, the User must ensure the security of his computer, Smartphone, Digital Tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.
The User assumes the technical risks notably linked to a power cut, an interruption of connections, a malfunction or even overloading of networks or systems.
The User acknowledges that he must contact the Internet service provider of his choice to access the Internet, the Site and the Services. In this context, the User acknowledges that it is up to him to choose his internet service provider and to fix the terms of his relations with him.
The Company cannot be held liable for risks relating to internet access and risks relating to the remote transmission of data by the User or to the User, in particular in the event of a conflict between the User and this access provider. to the internet, in relation to the confidential / personal nature of the data transmitted, the cost of transmission, maintenance and interruptions of telephone lines and the internet network.
The User is responsible for using the Services in accordance with the technical requirements in accordance with the safety instructions given by the Company.
Under normal conditions, the Services are accessible through the Site. The User must connect to the Site for a limited period of time and agrees to log out as soon as he has finished using the Services. Disconnection from the Site is not automatic, once
connected, the User remains connected to the Site until he disconnects by clicking on the indication disconnection from the Site.
In the event of loss, theft, misappropriation or unauthorized use by the User of his identifiers or any means of payment recorded for the Services, the User must notify the Company as soon as possible by electronic means, of a loss, a theft, misappropriation or unauthorized use of their identifiers and any payment method specified for the use of the Services, such as for example a bank card, without prejudice to the obligations that the User must comply with the issuing bank means of payment concerned, and in particular the obligation to notify these events without delay and to file an opposition.
The User agrees to assist the Company in good faith in clarifying the circumstances and other relevant information relating to such loss, theft, embezzlement, unauthorized use or other similar event and to take the steps which may be required by the Society.
After this notification by the User to the Company, the Company reserves the right to block current and / or subsequent payment operations carried out by the User using their identifiers and / or depending on the case of lost means of payment , stolen or misappropriated.
In case of doubt, the Company reserves the right to block all payment transactions made by the User on the Site.
Furthermore, the Company may also block the User’s access to the Site and under the same conditions of this article – when the Company has reason to suspect, for example following the identification of suspicious transactions, and even before d ” have received notification from the User on this subject, loss, theft, misappropriation or unauthorized use of identifiers or means of payment registered by the User for access to the Services.
The Company reserves the right, without engaging its responsibility, to deactivate, suspend or terminate access to the Services, to the Site in the event that the User does not comply with any stipulation of these T & Cs, or if the User accesses the Services in violation of any law, rule or regulation applicable to the Company
Without prejudice to legal actions brought by third parties, exercise personally any legal action aimed at repairing the damage that the Company would have personally suffered as a result of breaches attributable to the User under these Terms.
If necessary, notify the competent authorities, cooperate with them and provide them with all the information they need to search for and suppress illegal or illicit activities, in accordance with the legislation in force.
Any User observing a breach by another User of the obligations and guarantees provided for in these T & Cs is invited to report these acts by contacting the Company as soon as possible by electronic means.
12.2 Modification et fin des Services
The User can unsubscribe from the Services at any time directly online by going to the dedicated page. The Company then sends to the User, electronically, the confirmation of the User’s unsubscription from the Services, his unsubscription taking effect on the date of this confirmation by the Company.
The Company reserves the right to modify or stop offering all or part of the Services at any time, at its discretion. The User is informed of these modifications and / or shutdown by any useful means, within fifteen (15) days.
In the event of non-compliance by the User with these T & Cs, the Company reserves the right to suspend or terminate the User’s access to the Services, with immediate effect. This termination takes effect as of right on the date of its service by the Company to the User by post (letter) or electronic (email). Cancellation automatically and without prior notice, the deletion of the User Account.
The termination of the Services, for whatever reason, results in the deletion of the User Account, which then no longer has access to their Account.
ARTICLE 13: Sharing and communication tools
La Société a mis en place des outils de communication interactifs qui permettent aux Artistes de poster du contenu.
Le Site peut contenir des liens hypertextes et/ou des hyperliens renvoyant vers des Sites édités et hébergés depuis des serveurs tiers, et tout particulièrement concernant les bannières publicitaires, dont la régie n’est aucunement assurée par la Société et sur lesquels aucun contrôle ne peut être exercé.
La Société décline toute responsabilité concernant les conséquences juridiques liées à l’accès à ces sites depuis le Site.
L’utilisation des outils de partage pointant vers le Site est autorisé par la Société dans le strict cadre de la promotion du Site mais à la condition déterminante que l’intégrité du Site soit préservée et qu’aucun risque de confusion entre le Site et les sites édités par des tiers ne soit constaté.
Article 14: Major force
Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and as such suspends the obligations of the parties, as for example without this list being exhaustive: a strike or a technical breakdown (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a stoppage of energy supply (such as electricity), a failure of the electronic communication on which the Company depends and / or the networks which would replace it.
The Company cannot be held responsible, or considered to have failed in its obligations provided for in these T & Cs, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, provided that it does so. notify the other party on the one hand, and that it does its utmost to minimize the damage and fulfill its obligations as soon as possible after termination of the force majeure on the other hand.
Unless otherwise provided in these T & Cs, correspondence between Users and the Company is provided by email via the Site.
Pursuant to articles 1316 et seq. Of the Civil Code and, where applicable, article L.110-3 of the Commercial Code, the parties declare that the information delivered by electronic mail is authentic between the parties as long as no writing contradictorily authenticated and signed, coming to question this computerized information, is not produced.
Elements such as the time of receipt or transmission, as well as the quality of the data received, will prevail as a priority as appearing on the Company’s information systems, or as authenticated by the computerized procedures of the Company except to provide written and contrary proof by Users.
ARTICLE 15: Integrity
The provisions of these T & Cs express the entire agreement between the Users and the Company. They prevail over any proposal, exchange of letters before and after the conclusion hereof, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject of the T & Cs, unless endorsement duly signed by the representatives of the two parts.
ARTICLE 16: No waiver
The fact that one of the parties to these T & Cs did not require the application of any clause, whether permanent or temporary, can in no way be considered as a waiver of the rights of this party arising of said clause.
ARTICLE 17: Nullity
If one or more provisions of these T & Cs are held to be invalid or declared as such in application of a law, regulation or following a decision which has become final of a competent court, the other stipulations of these T & Cs will keep all their strength and reach.
If necessary, the Company undertakes to immediately delete and replace said clause with a legally valid clause.
ARTICLE 18: Title
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be deemed unwritten.
ARTICLE 19: Jurisdiction – applicable law
These General Conditions are governed by French law.
In the event of litigation likely to arise on the occasion of the interpretation and / or the execution of the present or in relation to the present T & Cs, the Parties undertake to make all their efforts to amicably resolve all disputes to which these T & Cs may give rise.
Thus, in the event of a dispute between a User and the Company, the parties agree to negotiate in good faith the settlement of the dispute. If the parties fail to settle the dispute after at least thirty (30) Business Days of negotiations, the dispute will be settled before the court having exclusive jurisdiction.
Whatever the dispute, the winning party will be entitled to recover its legal fees. The User and the Company agree that any grievance arising from or relating to the Application, Site or Services must be made within one (1) year of the birth of the grievance, under penalty of limitation and final inadmissibility of any dispute relating to said grievance.
All disputes, relating in particular to the validity, execution, interpretation, and / or breach of these Terms of Use fall within the sole jurisdiction of the courts of Paris, unless there are mandatory imperative rules of procedure.
The printed version of these Terms of Use and any notification given in electronic form will be admissible as part of a legal or administrative proceeding based on or relating to these Terms of Use, to the same extent and subject the same conditions as for the other documents and commercial statements initially generated and kept in printed form.
In the event that any part of this article is deemed unenforceable, the remaining provisions of this article will continue to have full effect and will be interpreted and applied as if the part deemed unenforceable did not appear in this document.