La Touche Musicale offers a personalized subscription service that allows our users to use music for piano lessons (“La Touche Musicale Content”) streamed over the Internet on certain computers and other connected devices (“La Touche Musicale-enabled devices”).
As used herein, the terms “La Touche Musicale service,” “our service,” or “the service” refer to the personalized service provided by La Touche Musicale that allows you to learn to play the piano with the royalty-free content offered by La Touche Musicale (for more information about the default content offered on the service, please see the Credits section of our Terms of use), but also any other content imported by our users into their personal space, provided that this content is also free of all rights or that the rights thereto have been legally acquired by our users. As used herein, the expression “La Touche Musicale content” refers both to content offered by default on the website and to content imported by our users into their personal space. La Touche Musicale declines all responsibility for content imported by the user onto the service and reserves the right to delete any user content if it infringes the Intellectual Property Code or our General Terms of Use. To find out more about our policy relating to the rights of content imported by our users, please consult clause 9 of these General Terms of Use.
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy, known as L.C.E.N., we bring to the attention of users and visitors to the site : latouchemusicale.com and its sub-domains the following information:
Is designated hereafter: Userany Internet user connecting to and using the above-mentioned site: latouchemusicale.com as well as all its sub-domains.
The website latouchemusicale.com and its subdomains are a set of services, in the state, made available to users. It is hereby specified that the latter must remain courteous and show good faith towards other users as well as towards the webmaster of the latouchemusicale.com site and its sub-domains. The latouchemusicale.com website and its sub-domains are regularly updated by the La Touche Musicale team.
The teams of La Touche Musicale strive to provide on the site latouchemusicale.com and its sub-domains with the most accurate information possible (subject to any changes made since it was put online), but cannot guarantee the accuracy, completeness and topicality of the information published on its site, whether it is its own fault or that of third-party partners who provide it with this information. Consequently, users acknowledge that they use this information (which is indicative, non-exhaustive and subject to change) under their sole responsibility.
The latouchemusicale.com website and its sub-domains are accessible to users 24 hours a day, 7 days a week, except in the event of scheduled or unscheduled interruptions required for maintenance or in cases of force majeure. Should access to the service prove impossible, La Touche Musicale will do its utmost to restore access to the service, and will endeavor to inform users of the dates and times of the intervention in advance. As La Touche Musicale is subject only to an obligation of means, it cannot be held responsible for any damage of any kind resulting from the unavailability of the service.
The use of the latouchemusicale.com website and its sub-domains implies full acceptance of the present General Terms of Use. These can be consulted via a hypertext link placed on all pages of the latouchemusicale.com site and its sub-domains. It is hereby reminded that the developers of the latouchemusicale.com website and its sub-domains keep track of the email address and IP address of any user. Consequently, he must be aware that in case of injunction of the judicial authority he can be found and prosecuted.
La Touche Musicale reserves the right, at any time, to modify, supplement, remove or add to these terms and conditions of use without notice. latouchemusicale.com and its sub-domains, so users of the latouchemusicale.com and its sub-domains are invited to consult them on a regular basis, as they are binding on them without reservation.
The user is deemed to accept them without reservation and to refer to them regularly to take note of any changes. The latouchemusicale.com site and its sub-domains also reserve the right to assign, transfer, without prior notice, the rights and/or obligations of the present General Terms of Use, General Terms of Sale and Legal Notice. By continuing to use the Services of the latouchemusicale.com website and its sub-domains, the user acknowledges accepting any changes to the General Terms of Use that may occur.
The latouchemusicale.com website and its sub-domains cannot be held responsible for typographical errors or inaccuracies appearing on the service, or for any damage suffered as a result of their use. The user remains responsible for his equipment and its use, as well as for any direct or indirect costs resulting from his connection to the Internet.
The latouchemusicale.com website and its sub-domains use the WordPress CMS as well as HTML5, CSS3, JavaScript, ReactJS, NodeJS and Redux technologies. To access the entire latouchemusicale.com site and its sub-domains, the user agrees to use recent hardware, free of viruses and with updates made to their browser. The user releases latouchemusicale.com and its sub-domains from any responsibility for any prejudice that he/she may suffer or cause to be suffered, directly or indirectly, as a result of the use of the services offered. The user is solely responsible for the use of the service offered and expressly releases the latouchemusicale.com site and its sub-domains from any responsibility towards third parties.
Any content (text, photos, drawings, …) issued through the contact space or any other interactive space made available to users and not in accordance with the legal and regulatory provisions in force and applicable in France and elsewhere, including infringement of the personality rights of third parties (defamation, insults, invasion of privacy, …), act of unfair competition, infringement of intellectual property, including copyright of musical works, violation of public order and morality (incitement to racial hatred, Holocaust denial, revisionism, pornography, …) will be, without prior notice, deleted immediately. In such a situation, the teams of La Touche Musicale, owners of the latouchemusicale.com website and its sub-domains, reserve the right to hold the offending user civilly and/or criminally liable.
6.1. You must be 18 years of age, or have reached the legal age of majority in your province, territory or country, to subscribe to the La Touche Musicale service. Minors may use the service only under adult supervision.
6.2.
Le service La Touche Musicale, ainsi que tout contenu utilisé via le service, est réservé à un usage uniquement personnel et non commercial et ne doit pas être partagé avec des personnes extérieures à votre foyer.
Pendant la durée de votre abonnement, nous vous accordons un droit limité, non exclusif et non transférable vous permettant d’accéder au service La Touche Musicale et d’utiliser le contenu La Touche Musicale.
À l’exception de ce qui précède, aucun droit, titre ou intérêt ne vous est accordé.
Vous acceptez de ne pas utiliser le service pour des projections publiques.
6.3.
Vous ne pouvez utiliser le contenu La Touche Musicale que dans les pays où nous proposons notre service et dans lesquels nous détenons les licences correspondantes.
Le contenu disponible peut varier selon la zone géographique et peut être modifié à tout moment.
6.4.
Le service La Touche Musicale, y compris le contenu de la bibliothèque, est régulièrement mis à jour.
De même, nous testons régulièrement différents aspects de notre service, notamment notre site Web, nos interfaces utilisateur, nos offres promotionnelles et la disponibilité du contenu La Touche Musicale.
6.5.
Vous vous engagez à ne pas archiver, reproduire, distribuer, modifier, afficher, exécuter, publier, concéder, créer des œuvres dérivées, vendre ou utiliser (sauf autorisation expresse mentionnée dans les présentes Conditions d’utilisation) le contenu et les informations du service La Touche Musicale (ou obtenus via celui-ci).
Vous vous engagez également à ne pas : contourner, retirer, modifier, désactiver, détruire ou faire échouer les protections du contenu dans le cadre du service La Touche Musicale ; utiliser des robots, des robots d’indexation, des outils de moissonnage du Web ou d’autres méthodes automatisées pour accéder au service La Touche Musicale ; décompiler, faire de l’ingénierie inverse ou démonter tout logiciel, produit ou processus accessibles via le service La Touche Musicale ; insérer tout code ou produit, ou manipuler le contenu du service La Touche Musicale de quelque façon que ce soit ; ou utiliser toute méthode d’exploration, de collecte ou d’extraction de données.
De même, vous vous engagez à ne pas télécharger, afficher, envoyer par e-mail ou envoyer ou transmettre de quelque façon que ce soit n’importe quel contenu en vue d’interrompre, détruire ou restreindre la fonctionnalité de tout logiciel ou équipement informatique ou de télécommunication associés au service La Touche Musicale, y compris tout virus ou tout autre code, fichier ou programme informatiques.
Nous nous réservons le droit de résilier ou de restreindre votre utilisation de notre service si vous enfreignez les présentes Conditions générales d’utilisation ou faites une utilisation illégale ou illégitime du service.
6.6.
La qualité et la performance d’affichage et du contenu La Touche Musicale peut varier d’un appareil à l’autre, et peut être influencée par différents facteurs, dont votre localisation, la bande passante disponible et/ou la vitesse de votre connexion Internet.
Les frais de connexion à Internet sont à votre charge.
Veuillez contacter votre fournisseur d’accès Internet pour en savoir plus sur les éventuels frais d’utilisation des données Internet.
Le délai qui s’écoule avant de pouvoir utiliser du contenu La Touche Musicale varie en fonction de plusieurs facteurs, notamment votre localisation, la bande passante disponible au moment où vous utiliser le contenu, le contenu choisi et la configuration de votre appareil compatible avec La Touche Musicale.
6.7.
Le logiciel de La Touche Musicale est conçu par ou pour La Touche Musicale et permet l’utilisation du contenu La Touche Musicale et des contenus extérieurs via des appareils compatibles avec La Touche Musicale.
Ce logiciel peut varier selon l’appareil et le support utilisés ; les fonctionnalités et caractéristiques peuvent également varier en fonction de l’appareil.
En utilisant notre service, vous reconnaissez que celui-ci puisse nécessiter l’utilisation du logiciel de tiers soumis aux conditions de licences de ces tiers.
Vous acceptez de recevoir automatiquement des versions mises à jour du logiciel de La Touche Musicale ou des logiciels tiers associés au service.
The user who has created the La Touche Musicale account and is charged a subscription fee via the chosen Payment Method (the “Account Holder”) has access to and control over the La Touche Musicale account and the La Touche Musicale compatible devices used to access our service. For more information on how to subscribe to the service, please consult our General Terms and Conditions of Sale. The Account Holder is responsible for all activity that occurs under his or her La Touche Musicale account. In order to maintain control of the account and prevent others from accessing it (including accessing account play history information), the Account Holder must maintain control of the La Touche Musicale-enabled devices used to access the service and must not disclose to any third party his/her password or payment method details associated with the account. You are responsible for updating and maintaining accurate information about your account. We may terminate or suspend your account in order to protect you, La Touche Musicale or its partners from identity theft or other fraudulent activity.
The teams of La Touche Musicale are the exclusive owners of all intellectual property rights or hold the rights of use on all the elements accessible on the site, as well as on the structure as on the texts, images, graphics, logos, icons, sounds, software…
Any total or partial reproduction of the latouchemusicale.com site and its sub-domains, representation, modification, publication, total or partial adaptation of any of these elements, whatever the means or process used, is prohibited, except with the prior written permission of La Touche Musicale, owner of the site at the email: contact@latouchemusicale.com, otherwise it will be considered as constituting an infringement and liable to prosecution in accordance with the provisions of Articles L.335-2 et seq.
Certain areas of the website allow users to submit and import MIDI files and images to the platform and their personal space. You retain ownership of your User Content and understand that if you import or publish User Content for which you have not acquired intellectual property rights, the content owner will own and be fully responsible for all User Content. The user is solely responsible for any content that it imports onto the Service and shares on third-party services.
You agree not to submit, import, share on La Touche Musicale or any third party service, or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person, or to any animal; (ii) may create a risk of loss or damage of any kind to persons or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, invasive of privacy or publicity rights, harassing, humiliating to others (publicly or otherwise), libelous, threatening, hostile, violent or provoking violence or hostility, profane or otherwise objectionable (vi) contains information that discriminates against others on the basis of race, religion, gender, sexual orientation, age, disability, ancestry or national origin;(vii) contains illegal information or content (including, without limitation, disclosure of insider information under securities law or trade secrets of another party) (viii) contains information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains information or content that you know to be inaccurate or out of date. You agree that any User Content does not and will not violate the rights of third parties of any kind, including, without limitation, all Intellectual Property Rights (as defined below), and rights of privacy and publicity. La Touche Musicale reserves the right, but is not obligated, to reject and/or remove any User Content that, in its sole discretion, violates these provisions. Further, you understand that if you contribute User Content under a brand name, the owner of the brand name will own and be fully responsible for all User Content.
For the purposes of this Agreement, “Intellectual Property Rights” shall mean all patent rights, intellectual property rights, particularly those relating to copyright in the music and image industry (including photography), masking rights, moral rights, publicity rights, trademarks, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights, and all applications thereof, as well as registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
– Your User Content and its use by La Touche Musicale as contemplated by this Agreement and the Service will not violate any law or the rights of any third party, including, but not limited to, intellectual property rights, copyrights inherent in the creation and dissemination of music, privacy and publicity rights.
– La Touche Musicale may exercise the rights in your User Content granted under this Agreement without obligation to pay any guild fees, residuals, payments, royalties or fees payable under any collective bargaining agreement or otherwise.
– No legal action, claim or other legal or administrative proceeding now pending or threatened shall directly or indirectly affect your User Content or in any way impair the rights you grant hereunder.
– Your User Content is free of all intellectual property rights, including in particular free of the copyright of the works you choose to submit to the Service and the Platform.
– Your user content is not obscene, defamatory or offensive.
– To the best of your knowledge, all of your User Content and other information you provide to us is true and accurate.
– You will not send unsolicited e-mails or spam to publicize or promote your relationship with La Touche Musicale.
– If you use the Service to post or share in any form and on any third party service any User Content, you acknowledge that you have verified that the User Content does not contain any material that is illegal, infringes (or is deceptively similar to) the intellectual property rights of others, or otherwise violates these terms.
– You will not participate in pay-per-click advertising using keywords that compete with La Touche Musicale campaigns to promote your relationship with La Touche Musicale, and you will not use or engage a third party on your behalf to use La Touche Musicale in any domain name.
– La Touche Musicale is not responsible for any User Content you upload to the Service. Content that is illegally uploaded or subject to the intellectual property rights of others, in any form, may not be imported and shared on the Service or any third-party service.
In the event of any claim or knowledge of any claim inconsistent with your representations or warranties, La Touche Musicale will send you written notice of such claim, using the e-mail address you have provided to La Touche Musicale, specifying the details of the claim as then known to La Touche Musicale. Pending determination of such claim, La Touche Musicale may withhold from the royalties and/or any other compensation due to you hereunder, amounts reasonably related to the probable value of the claim as determined by La Touche Musicale.
La Touche Musicale assumes no responsibility or liability for any User Content that you or any other user or third party submits to the Service and imports into your personal space, publishes on the Service or elsewhere involving the Service. You are solely responsible for your User Content and the consequences of its submission, publication, import and sharing, and you agree that we will act solely as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or storage media that is inaccurate, offensive, inappropriate for children or unsuitable for your needs, and you agree that La Touche Musicale shall not be liable for any damages you claim to have suffered as a result of User Content. In the event that your User Content is offensive, inappropriate for children, not free of intellectual property rights, in particular copyrights related to the music industry or relating to photography and image, you are solely responsible for any damages caused to the rights holders and all persons concerned, and acknowledge that La Touche Musicale and its partners cannot be held liable.
At La Touche Musicale, we’re committed to providing high-quality service. We recognize, however, that there may be circumstances in which a refund may be requested. Our refund policy is designed to be fair while protecting the rights granted by the Intellectual Property Code and our efforts to provide exceptional service. Here are the conditions governing our policy:
1. Criteria for Using Songs : To qualify for a refund, you must not have accessed more than two (2) premium songs. By “premium songs” we mean songs that can only be accessed by taking out a paid subscription on the Service. Access to these songs is defined by clicking on the “Learn” button that appears on each song, enabling the use of its notes and chords as well as advanced pedagogical features. These songs, protected by copyright in accordance with articles L111-1 et seq. of the French Intellectual Property Code, are reserved exclusively for our Premium members. Use beyond the set limit is considered as actual use of the service, thus limiting the right to reimbursement.
2. Withdrawal period : A full refund is possible within 14 days of subscription purchase, provided the song usage criteria are met. This period constitutes your legal right of withdrawal, in accordance with article L221-18 of the French Consumer Code. After this time, no refund will be given.
3. Limitation to First Subscriptions : The refund policy applies only to a user’s first subscription to La Touche Musicale. Any subscription renewal, whether automatic or manual, as well as any new subscription taken out after the cancellation of a previous subscription, will not be eligible for a refund. This measure is designed to prevent abuse of the right of withdrawal and to ensure fair use of our trial offer.
4. Abuse of the Refund Policy : In the event that we detect abuse of our refund policy (for example, repeated refund requests by the same user or reasons for refund requests deemed invalid), we reserve the right to refuse such requests and, if necessary, to suspend or close the account concerned. This clause is essential to protect our service against fraudulent practices and to ensure fair and equitable use for all our users.
5. Exceptions and special cases : Applications exceeding these criteria will be assessed on an individual basis. We reserve the right to accept or refuse such requests based on the specifics of each situation, including but not limited to proven technical problems impacting access or use of the service.
6. Refund Request Procedure : Requests should be addressed to our customer service department via contact@latouchemusicale.com, including your full name, subscription details, and justification for the request. All requests must comply with our Terms of Use.
7. Refund Processing Time : Approved refunds will be processed within 14 business days, with funds returned within 5-10 business days of our email confirmation. Refunds will be made using the same means of payment as the original purchase, unless otherwise agreed in advance.
We reserve the right to adjust this policy at any time. Changes take effect immediately upon publication on our website.
The website latouchemusicale.com and its sub-domains contain a number of hyperlinks to other websites (partners, information, …) set up with the authorization of La Touche Musicale teams. However, the teams of La Touche Musicale do not have the possibility to check the whole content of the visited sites and thus decline any responsibility for the possible risks of illicit contents.
The user is informed that during his visits to the latouchemusicale.com site and its sub-domains, one or more cookies may be automatically installed on his computer through his browser. A cookie is a block of data that does not allow the user to be identified, but which records information relating to the user’s navigation on the site.
The parameter setting of the software of navigation makes it possible to inform of the presence of cookie and possibly, to refuse it in the manner described at the following address: www.cnil.fr. However, users may configure their browser to refuse the installation of cookies, bearing in mind that refusing to install a cookie may prevent them from accessing certain services. To block cookies, type the following into your search engine: block cookies in IE or Firefox and follow the instructions according to your version.
In France, personal data are protected by the law n° 78-87 of January 6, 1978, the law n° 2004-801 of August 6, 2004, the article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
On the latouchemusicale.com site and its sub-domains, Web Corpus collects personal information (according to article 4 of law n°78-17 of January 6th 1978) relating to the user only for the need of certain services offered by the latouchemusicale.com site and its sub-domains. The user provides this information with full knowledge of the facts, particularly when he/she enters it by himself/herself. The user of the latouchemusicale.com site and its sub-domains is then informed whether or not they are required to provide this information.
In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms, any user has a right of access, of correction, suppression and opposition to the personal data concerning it. To exercise this right, send your request to latouchemusicale.com and its sub-domains by email : contact@latouchemusicale.com or in writing, duly signed, accompanied by a copy of the identity document with the signature of the document holder, specifying the address to which the reply should be sent.
No personal information of the latouchemusicale.com website user is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium whatsoever to third parties. Only the assumption of the purchase of the site latouchemusicale.com and its sub-domains and their rights authorizes Web Corpus to transmit the said information to the eventual purchaser who would in turn be bound by the same obligation of conservation and modification of the data with respect to the user of the site. latouchemusicale.com and its sub-domains.
The databases are protected by the provisions of the law of July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases.
These Terms of Use and the User’s relationship with latouchemusicale.com under these Terms of Use are governed by French law. The user as well as latouchemusicale.com and its sub-domains agree to submit to the exclusive jurisdiction of the French courts in the event of any dispute arising from these General Terms of Use.
14.1 Applicable law These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of France. These Terms and Conditions of Use do not limit the consumer protection provisions that you may have under the laws of your country of residence.
14.2. Unsolicited content La Touche Musicale does not accept any unsolicited content or ideas regarding La Touche Musicale content, and is not responsible for any similarities between its content or programming and content or ideas transmitted to it.
14.3. Customer support For more information about our service and its features or if you need help using your account, please visit the “Need Help?” page of La Touche Musicale available on our website. If this page does not help you solve your problem, you can contact the La Touche Musicale team at the following email address: contact@latouchemusicale.com. Our teams will do their best to help you better understand the service.
14.4 Nullity – Invalidity If any provision(s) in these Terms and Conditions of Use are found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.
14.5. Modification of the General Terms and Conditions of Use La Touche Musicale may, from time to time, modify these Terms and Conditions. Please make sure this page is updated to keep you informed of any changes to our service.
14.6. Electronic communications We will only send you information related to your account (e.g., payment authorizations, invoices, password or Payment Method changes, confirmation messages, notifications) electronically, such as by sending an email to the email address you provided to us when you registered.
Last update : april 2024
Legal
