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Terms and Conditions

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 Legal notice), but also any other content imported by our users in their personal space, provided that this content is also free of any right or that the rights to it have been legally acquired by our users. As used herein, the term “La Touche Musicale Content” means both the default content offered on the Website and the content imported by our users into their personal space. La Touche Musicale disclaims any responsibility for content uploaded by the user to the service and reserves the right to remove any user content if it violates the Intellectual Property Code or our Terms of Use. To know our policy related to the rights of the content imported by our users, we invite you to consult in particular the clause n°9 of the present General Conditions 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: 

1. Presentation and principle

 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 site latouchemusicale.com and its sub-domains. The website latouchemusicale.com 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 changes made since they were put online), but cannot guarantee the accuracy, completeness and timeliness of the information published on its site, whether it is of its own making or of that of third-party partners who provide it with this information. Consequently, the user acknowledges that he/she uses this information (indicative, non-exhaustive and subject to change) under his/her exclusive responsibility.

2. Accessibility

The latouchemusicale.com website and its sub-domains are in principle accessible to users 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, for maintenance purposes or in the event of force majeure. In case of impossibility of access to the service, La Touche Musicale will do its best to restore access to the service and will endeavour to inform users of the dates and times of the intervention beforehand. Being subject only to an obligation of means, La Touche Musicale cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the service. 

3. Acceptance of terms and conditions

 The use of the site latouchemusicale.com and its sub-domains implies full acceptance of these Terms and Conditions of Use. These can be consulted via a hypertext link placed on all pages of the site latouchemusicale.com and its sub-domains. It is hereby reminded that the developers of the site latouchemusicale.com and its sub-domains keep track of the e-mail 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. 

4. Modification of the conditions

 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 site latouchemusicale.com and its sub-domains, the user acknowledges that he/she accepts any changes to the General Terms of Use that may occur. 

5. Limitation of liability

 The website latouchemusicale.com 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 website latouchemusicale.com and its subdomains use the WordPress CMS as well as HTML5, CSS3, JavaScript, ReactJS, NodeJS and Redux technologies. To access the entire site latouchemusicale.com and its sub-domains, the user agrees to use recent hardware, free of viruses and with updates made to his browser. The user releases the responsibility of latouchemusicale.com and its sub-domains for any prejudice they may suffer or cause to suffer, directly or indirectly, as a result of using 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. Service

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. The La Touche Musicale service, as well as any content used through the service, is for personal, non-commercial use only and is not to be shared with anyone outside your household. During the term of your subscription, we grant you a limited, non-exclusive, non-transferable right to access La Touche Musicale service and use La Touche Musicale content. Except for the foregoing, no right, title or interest is granted to you. You agree not to use the service for public viewing. 6.3. You may only use La Touche Musicale content in countries where we offer our service and where we have the relevant licenses. The available content may vary by geographic area and may be changed at any time.6.4. La Touche Musicale service, including the content of the library, is updated regularly. We also regularly test various aspects of our service, including our website, user interfaces, promotional offers, and availability of La Touche Musicale content.6.5. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, sell, or use (except as expressly authorized in these Terms of Use) any content or information from (or obtained through) the La Touche Musicale service. You also agree not to: circumvent, remove, modify, disable, destroy or defeat any content protections within the La Touche Musicale service; use bots, spiders, web harvesting tools or other automated methods to access the La Touche Musicale service; decompile, reverse engineer or disassemble any software, products or processes accessible through the La Touche Musicale service; insert any code or products, or manipulate the content of La Touche Musicale service in any way; or use any data mining, harvesting or extraction methods. Similarly, you agree not to upload, post, email or otherwise send or transmit any content that would interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the La Touche Musicale service, including any viruses or other computer code, files or programs. We reserve the right to terminate or restrict your use of our service if you violate these Terms of Service or make any illegal or improper use of the service.6.6. The quality and performance of La Touche Musicale display and content may vary from device to device, and may be affected by a variety of factors, including your location, available bandwidth and/or the speed of your Internet connection. You are responsible for the cost of the Internet connection. Please contact your Internet Service Provider to find out about any charges for Internet data usage. The amount of time it takes to use La Touche Musicale content varies depending on several factors, including your location, the bandwidth available at the time you use the content, the content you choose, and the configuration of your La Touche Musicale-enabled device. 6.7. La Touche Musicale software is designed by or for La Touche Musicale and allows the use of La Touche Musicale content and external content via devices compatible with La Touche Musicale. This software may vary depending on the device and media used; functionality and features may also vary depending on the device. By using our service, you acknowledge that it may require the use of third party software subject to the license terms of those third parties. You agree to automatically receive updated versions of the La Touche Musicale software or third-party software associated with the Service.

7. Password and user account access

The user who 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 enabled devices used to access our service. For more information on how to subscribe to the service, please see our Terms and Conditions. This user is responsible for any activity that occurs through their La Touche Musicale account. In order to maintain control of the account and prevent anyone else from accessing the account (including accessing the account’s play history information), the Account Holder must maintain control of La Touche Musicale-enabled devices used to access the service and must not disclose the password or Payment Method details associated with the account to anyone. You are responsible for updating and maintaining accurate information about your account. We may terminate or suspend your account to protect you, La Touche Musicale or its partners from identity theft or other fraudulent activity.

8. Intellectual Property

 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 site latouchemusicale.com and its sub-domainsAny reproduction, representation, modification, publication, total or partial adaptation of any of these elements, whatever the means or process used, is forbidden, except with the prior written authorization of La Touche Musicale, owner of the site at the following email address: contact@latouchemusicale.com, failing which it will be considered as constituting an infringement and liable to prosecution in accordance with the provisions of articles L.335-2 et seq. 

9. User content

9.1 General

Some areas of the website allow users to submit and import files in MIDI format as well as images to the platform and to their personal space. You retain ownership of your User Content and understand that if you import or post User Content for which you have not acquired the intellectual property rights, the content owner will own and be fully responsible for any User Content. User is solely responsible for any content it imports onto the Service and shares on third-party services.

9.2 Importing and publishing User Content on La Touche Musicale

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 the User Content you upload to the Service. Any 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 and any other third party service.In the event of a claim or knowledge of any claim that is inconsistent with your representations or warranties, La Touche Musicale will send you written notice of such claim, using the email address you provided to La Touche Musicale, stating the details of the claim as they were then known to La Touche Musicale. Pending the 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 is not responsible for User Content that you or any other user or third party submits to the Service and imports into your personal space, posts 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 will 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 responsible.

10. Hyperlinks and cookies

 The website latouchemusicale.com and its sub-domains contain a certain number of hyperlinks to other sites (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 site latouchemusicale.com and its sub-domains, one or more cookies may be automatically installed on the user’s computer through the user’s 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, the user can configure the browser of his computer to refuse the installation of cookies, knowing that the refusal of installation of a cookie may result in the impossibility of access to certain services. To block cookies, type in your search engine: block cookies under IE or Firefox and follow the instructions according to your version.

11. Protection of property and persons – management of personal data

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 site latouchemusicale.com and its sub-domains, Web Corpus collects personal information (in accordance with article 4 of law n°78-17 of January 6, 1978) relating to the user only for the purpose of certain services offered by the site latouchemusicale.com 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 user of the latouchemusicale.com website is published without the user’s knowledge, exchanged, transferred, ceded or sold on any medium to third parties. Only the hypothesis 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 to 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.

12. Applicable law and jurisdiction

These General Terms of Use and the user’s relationship with the latouchemusicale.com website under these General 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.

13. Miscellaneous

13.1. Applicable law. These Terms 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. 13.2 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. 13.3. 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. 13.4. Invalidity – Invalidity. If one or more provisions 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. 13.5. Modification of the 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.13.6. 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 e-mail to the e-mail address you provided to us during registration.Last update: August 2022

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