TERMS OF CONTRACT
Updated as of October 1st, 2007
Musicovery, musicovery.com web site publisher, offers to Internet users an interactive webradio.
Musicovery is a private limited company with a capital of 9 375,00 €, registered in RCS Paris 449 928 290, with head office at 16B rue Mayet, 75006 Paris.
The phone number to contact Musicovery is: (33) 1 40 13 53 00.
The e-mail address to contact Musicovery is: firstname.lastname@example.org.
Musicovery Intra-Community VAT number: FR0644992829000013.
Musicovery provides 2 versions, a free webradio in low quality (tracks encoded in 32Kbit/s) and a for-pay version, Musicovery Premium, with high definition (tracks encoded in 128Kbit/s) and specific features.
These present Terms of Contract are a legal agreement between you and Musicovery SARL providing the terms and conditions for your use of Musicovery Premium.
The user, through the only fact of his subscription, expressly and irrevocably accepts any present conditions. They prevail over other general or particular purchase conditions and more generally over any document emanating from the user.
Article 1: DEFINITIONS
- Site: is the interactive electronic service exploited by Musicovery at the following Internet address: http://www.musicovery.com
- Musicovery: is the interactive electronic service offered and exploited by Musicovery allowing the user to listen to, by means of temporary downloading, a programming of music titles; tracks transferred temporarily shall not be copied on hard disk or any other device.
- Service (Musicovery Premium): is the Musicovery service, the programming of which being proposed with tracks encoded in 128kbit/ as well as additional features. The "Hi-fi Quality" option is checked on the site to differentiate it from the free version (in 32kbit/s).
- Subscription: the subscription authorizes the access to the Service. This subscription is obtained after the payment corresponding to the required subscription and subordinated to the preliminary acceptance of the present Terms of Contract.
- Subscriber: any user having submitted to the Subscription.
Article 2: USES
The user declares to be qualified to comply with the present contract and the hereunder terms.
It is up to the user, before any Subscription, to make sure that the proposed Service is compatible with the equipments and\or features of his own hardware.
Article 3: SITE PROTECTION
The user refrains to damage, reproduce, modify and\or make a commercial use of all or part of the Site elements as well as digital musical tracks temporarily transmitted within the Service, at the risk of having his responsibility involved in Courts.
Article 4: SERVICE AVAILABILITY AND MODIFICATION
4.1. The Service is usually accessible all year long, twenty four hours a day, 7 days a week, however in the Subscription condition limits and subject to the provisions 13.1.
4.2. Nevertheless Musicovery reserves the right, without prior notice or reparation, to temporarily suspend the Service access whatever reason it is and will not be responsible for any damages occurring of this fact.
Besides, Musicovery reserves the right to partially modify or improve this Service without being engaged for any damage occurring from this fact.
Article 5: THE SERVICE
The Service is accessible for the whole Subscription duration.
The number of computer or devices from which the Subscriber accesses the Service is not limited but the Subscription gives only right to one simultaneous connection to the Service.
The Service access is subordinated to the Subscriber access code or password entering. The access code or the password are strictly personal and confidential. The Subscriber undertakes not to communicate them to any thirds.
It is up to the Subscriber to implement the necessary safety measures for this access code protection.
Any Service access is considered for being the fact of the Subscriber which is holder of this access code protection, as well as the consequently resulting responsibilities.
Article 6: SERVICE ACCESS:
The access to the Services requires the following steps:
- The user accepts the Terms of Contract by clicking on "I have read and accept the conditions"
- The user identifies the Subscription package he wishes to subscribe
- The user proceeds to his Subscription payment via the various payment systems offered on the Site
Data submitted to the Musicovery system computer constitute the transaction proof between the Subscriber and Musicovery, what the Subscriber expressly accepts.
Article 7: RETRACTION RIGHT
In compliance with the Consumer Code Article L. 121-20, the Subscriber will benefit of a seven clear day period to exert his retraction right without giving evidences or paying compensation.
The seven clear day period starts at the Subscription approval.
In case the seven day period expires on a Saturday, a Sunday or a day off, it is extended to the next first workday.
However, this right cannot be any more exerted since the Subscriber has accessed the Service by means of his access code.
To exert this right, the user has to address, within the aforesaid period, an informative letter at the following address 16B rue Mayet, 75006 Paris.
Article 8: SUBSCRIPTION PRICE
The Subscription price indicated on the Site is VAT included; various rates applies according to durations, payment means, currencies and countries.
Once the Subscription cost paid, the Service access cost will be limited to the internet connection.
Article 9: PAYMENT
The due Subscription payment could be paid by phone call or surcharged SMS or check card according to a process operated by a specialized provider.
The bank card data directly intervenes on the aforementioned provider secure site, guaranteeing that neither Musicovery nor any technical intermediary will be informed of the bank card data.
The data submitted to the payment system constitute the proof of the financial transactions.
Article 10: USE OF THE TRANSMITTED TRACKS – COMPLIANCE WITH INTELLECTUAL PROPERTY RIGHTS
Musical recordings transmitted as part of the Service are digital tracks protected by National and International copyrights laws.
IT IS HERE ON REMINDED THAT MUSICAL TRACKS TEMPORARILY TRANSMITTED TO THE USER DURING THE DURATION OF HIS SUBSCRIPTION ARE ONLY FOR A STRICTLY PERSONAL AND NOT COMMERCIAL USE AND CAN BE USED IN THE ONLY LISTENING PURPOSE WITHIN THE FAMILY ENVIRONMENT AND FOR FREE; ANY OTHER USE BEING STRICTLY FORBIDDEN.
The transmitted digital files can be listened to but, cannot, in no way, be permanently downloaded on a hard disk or any other device.
Article 11: PERSONAL DATA
Personal data submitted at the Subscription approval are subject to a process as defined by the law dated on January 6th, 1978.
In compliance with the Regulation N 78-17 dated January 6th, 1978 relative to the data processing, files and liberties, the personal automated data processing was declared with Commission Nationale de l’Informatique et des Libertés (CNIL), the relevant regulator in France.
The user personal data are restricted to Musicovery internal use. Personal data are used for first contacts, and resulting Subscription registration and commercial relation management requirements. They may be submitted to sub-contracting companies contributing to these relations.
The compulsory or optional answer character is indicated in the forms. For lack of compulsory field information, Musicovery will not be capable of processing the registration submitted by the user.
According to provisions 39 et seq of the law N 78-17dated on January 6th, 1978 relative to the data processing, files or liberties, any one can obtain communication, and if need be, rectification or deletion of the concerned information by writing to:
16B rue Mayet,
or by mailing his request to email@example.com.
Article 12: COOKIES
The user is informed that cookies may automatically be stored on his navigator software in order to save information relative to his navigation on the Site. Their life expectancy is of 3 months.
However, the user may choose to block the cookies or be informed before accepting them. The user is invited to refer to his navigator use conditions to proceed to said parameter settings.
Article 13: RESPONSIBILITY
13.1. The user acknowledges the understanding of Internet constraints and limits.
Consequently, in no event, Musicovery will be considered responsible for any dysfunctions in the Service access, opening reactivity or Service page consulting, musical recordings listening speeds, temporary or definitive Service inaccessibility, or deceitful information use offered on the Site.
In the same way, Musicovery would not be considered responsible for any equipment dysfunction or deterioration of the user and\or Subscriber. Consequently, it is up to the user and\or Subscriber to protect his technical equipments notably against any attack and\or corruption forms by virus Musicovery would in no way be considered as responsible.
More generally, Musicovery can be relieved from all or part of its responsibility by proving that the Service non-fulfillment or bad using is attributable, either to the Subscriber, or to the unpredictable and insuperable fact due to a contract third or to a force majeure case.
13.2 In no event, Musicovery would be considered as responsible if the proposed Service is incompatible with some hardware equipment and\or features of the user and Subscriber.
Finally, the Subscriber is only responsible for his Service use and would not involve Musicovery in any complaint and\or procedure made against him in the hypothesis this one would come from a not correct Service use. He undertakes to make his own personal affair of any complaint, request, or opposition and more generally any procedure against Musicovery emanating from a third and which would be in relation with the not Service correct use.
In no event, the Subscriber can involve the Musicovery responsibility in case of non compliance with foreign country legislations where the recordings would be downloaded.
Article 14: MINOR PROTECTION
We insist to inform the user on the fact that some musical recording words can be explicit, contain sexual, violent or allusion to prohibited substance references. It belongs to the legal representative responsibility to control that the minor is authorized to access to this musical recording kind.
Article 15: SUBSCRIPTION TERMINATION
Without prejudice of any damage or benefit Musicovery could request, Musicovery reserves the right to deactivate by rights, without advance notice or reparation, the Subscriber Subscription in the following cases:
- Non compliance by the Subscriber of the present Terms of Contract,
- Non compliance with the legal mentions provisions,
- Opposite action and use in the commercial and economic Musicovery benefits,
- Non compliance with the intellectual property rights.
Article 16: MISCELLANEOUS
The present Terms of Contract are subjected to possible changes at Musicovery discretion. Then, the applicable current conditions are those of the Site at the user Subscription or renewal date. Consequently, the user is invited to regularly consult the Site to be informed of any present Terms of Contract change.
Article 17: APPLICABLE LAW - DISPUTE
The present Terms of Contract are subjected to the French law.
In case of difficulties relative to the present General Sale Conditions interpretation or application, the parts will have to try to amicably negotiate the disputes. In case of failure of these attempts, any possible contesting emanating from the present Sale Conditions must be brought, even in case of plurality of the defendants or third party proceeding, before the Business, Magistrate or County Court where Musicovery head office is registered.