This translation was made with translation software, therefore the reference text before the law is the French version.
The purpose of these general conditions is to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties within this framework.
They are accessible at any time by a direct link at the bottom of the home page of the site.
They may be supplemented, where appropriate, by conditions of use specific to certain Services. In case of contradiction, the special conditions prevail over these general conditions.
2/ Service Operator
The Services are operated by the association Music Park, whose registered office is located Rue de la forge, La Roque, 12360 FAYET.
Music Park can be contacted at the following coordinates:
Mailing address: Rue de la forge, La Roque, 12360 FAYET.
E-mail address: firstname.lastname@example.org
3/ Access to the site and Services
The Services are accessible, subject to the restrictions provided on the site :
to any natural person having full legal capacity to undertake under these general conditions. Natural persons who do not have full legal capacity may access the Site and Services only with the consent of their legal representative;
to any legal person acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal person.
4/ Acceptance of the general conditions
The acceptance of these general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. The User who does not accept to be bound by these general conditions must not use the Services.
5/ Registration on the site
- 5.1/ The use of the Services requires that the User registers on the site, by filling out the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
- Registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") that allows him to manage his use of the Services in a form and according to the technical means that Music Park deems most appropriate to render said Services.
- The User guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not tainted by any misleading character.
- He undertakes to update this information in his Personal Space in the event of modifications, so that it always corresponds to the above-mentioned criteria.
- 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 is binding as soon as it is validated.
- 5.2/ The User may access his Personal Space at any time after identifying himself using his login and password.
- The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
- He is also responsible for maintaining the confidentiality of his login and password. He must immediately contact Music Park at the address mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. It recognizes Music Park's right to take all appropriate measures in such cases.
6/ Description of Services
The User has access to the Services described on the site, in a form and according to the features and technical means that Music Park deems most appropriate.
7/ Free services
The SEO Services are provided free of charge and will remain so as long as the creator of the site retains responsibility. These are defined on the website http://localisemusic.com.
It is not excluded that an evolution of the site proposes other services which will possibly be paying. It should be noted, however, that this is not foreseen.
The User expressly acknowledges and accepts:
- (a) that the data collected on the site and on the computer equipment of Localise Music are proof of the reality of the operations carried out within the framework of the present;
- (b) that such data constitute the only mode of proof admitted between the parties; the User can access these data in his Personal Space.
9/ User's obligations
Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:
- 9.1/ The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
- In particular, he is solely responsible for the proper performance of all formalities, in particular administrative, fiscal and/or social formalities and all payments of contributions, taxes or levies of any nature incumbent upon him, as the case may be, in relation to his use of the Services. Music Park cannot be held liable under any circumstances in this respect.
- 9.2/ The User acknowledges having read on the site the characteristics and constraints, particularly technical, of all the Services. He is solely responsible for his use of the Services.
- 9.3/ The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he alone is responsible.
- 9.4/ The User is also solely responsible for the relations he may establish with other Users and for the information he communicates to them in the context of the Services. It is up to him to exercise appropriate prudence and discernment in these relations and communications. The User further undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
- 9.5/ The User undertakes to make strictly personal use of the Services. Accordingly, he shall not assign, grant or transfer all or part of his rights or obligations hereunder to any third party in any manner whatsoever.
- 9.6/ The User undertakes to provide Music Park with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with Music Park with a view to the proper execution of these terms and conditions.
- 9.7/ The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services (hereinafter referred to as the "Content").
- He guarantees Music Park that he has all the rights and authorizations necessary for the distribution of this Content.
- It undertakes to ensure that such Content is lawful, does not violate public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way liable to civil or criminal liability of Music Park.
- The User agrees not to distribute, in particular and without this list being exhaustive:
- Content that is pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- infringing Content,
- Content that is offensive to the image of a third party,
- Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content harmful to third party computer systems (such as viruses, worms, Trojan horses, etc.),
- and more generally Content likely to infringe the rights of third parties or be prejudicial to third parties, in any manner and in any form whatsoever.
- 9.8/ The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses to achieve the same objective and that this solution cannot replace these other means.
- 9.9/ The User must take the necessary measures to safeguard by his own means the information in his Personal Space that he deems necessary, no copy of which will be provided to him.
- 9.10/ The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he alone is responsible.
10/ User's guarantee
The User guarantees Music Park against any complaints, claims, actions and/or claims that Music Park may suffer as a result of the User's violation of any of its obligations or guarantees under these general conditions.
He undertakes to compensate Music Park for any prejudice it may suffer and to pay all costs, charges and/or convictions it may have to bear as a result.
11/ Prohibited Conduct
- 11.1/ It is strictly forbidden to use the Services for the following purposes:
- engaging in illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
- the violation of public order or the laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party's computer system, violate its integrity or security,
- sending unsolicited email and/or commercial prospecting or solicitation,
- manipulations intended to improve the referencing of a third party site,
- aiding or abetting, in any form and by any means, one or more of the acts and activities described above,
- and more generally any practice that diverts the Services for purposes other than those for which they were designed.
- 11.2/ Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the Localise Music site for their own purposes or those of third parties.
- 11.3/ The following are also strictly prohibited:
- (a) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services,
- (b) any intrusions or attempted intrusions into Localsie Music's systems,
- (c) any diversion of system resources from the site,
- (d) any action likely to impose a disproportionate burden on the latter's infrastructure,
- (e) any breach of security and authentication measures,
- (f) any acts likely to affect the financial, commercial or moral rights and interests of Music Park or users of its site, and finally more generally,
- (g) any breach of these terms and conditions.
- 11.4/ It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the site, as well as to the information hosted and/or shared there.
12/ Penalties for breaches
In the event of breach of any of the provisions of these general conditions or, more generally, of breach of the laws and regulations in force by a User, Music Park reserves the right to take any appropriate action and in particular to :
- (a) suspend or terminate access to the User's Services, who has committed or participated in the breach or infringement,
- (b) remove any content posted on the Site,
- (c) publish on the site any information message that Music Park deems useful,
- (d) notify any authority concerned,
- (e) take legal action.
13/ Responsibility and guarantee of Music Park
- 13.1/ Music Park undertakes to provide the Services diligently and according to the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which Users expressly acknowledge and accept.
- 13.2/ Music Park has no knowledge of the Content put online by Users within the framework of the Services, on which it does not perform any moderation, selection, verification or control of any kind and in respect of which it intervenes only as a hosting provider.
- Consequently, Music Park cannot be held responsible for the Content, the authors of which are third parties, any possible claim must first be directed to the author of the Content in question.
- Content that is harmful to a third party may be notified to Music Park in accordance with the provisions of article 6 I 5 of law n° 2004-575 of 21 June 2004 for confidence in the digital economy, Music Park reserving the right to take the measures described in article 12.
- 13.3/ Music Park declines any responsibility in the event of possible loss of the information accessible in the User's Personal Space, the latter having to save a copy and being able to claim no compensation on this account.
- 13.4/ Music Park undertakes to regularly check the operation and accessibility of the site. For this reason, Music Park reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, Music Park cannot be held responsible for any temporary difficulties or impossibilities of access to the site due to circumstances beyond its control, force majeure, or due to disturbances in the telecommunications networks.
- 13.5/ Music Park does not guarantee Users
- (a) that the Services, subject to constant research to improve their performance and progress, will be totally free from errors, defects or defects,
- (b) that the Services, being standard and in no way intended solely for a given User based on his/her own personal constraints, will specifically meet his/her needs and expectations.
- 13.6/ In any event, the liability that may be incurred by Music Park hereunder is expressly limited to direct damages proven suffered by the User.
14/ Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, trademarks, databases, etc.) operated by Music Park within the site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Music Park are strictly prohibited and may be the subject of legal proceedings.
15/ Personal data
Music Park reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Music Park shall be the sole judge.
17/ Third party links and sites
Music Park cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may access through the site.
Music Park is also not responsible for transactions between the User and any advertiser, professional or merchant (including its potential partners) to which the User would be directed through the site and would in no case be party to any disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and other obligations of any kind to which these third parties are bound.
18/ Duration of Services, Unsubscription
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to Music Park by e-mail, at the address mentioned in article 2, or by connecting to the site by deleting his account from the "My Account" page.
Unsubscription is effective immediately. It automatically deletes the User's Account.
Music Park reserves the right to modify these general conditions at any time.
The User will be informed of these changes by any useful means.
Users who do not accept the modified general conditions must unsubscribe from the Services in accordance with the terms and conditions set out in Article 18.
Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
In the event of a translation of the present general conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a term or provision.
21/ Applicable law and jurisdiction
The present general conditions are governed by French law.
In case of dispute on the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Rodez will be exclusively competent to judge, unless mandatory procedural rules to the contrary.
22/ Entry into force
The present general conditions came into force on July 20, 2018.