Terms and conditions
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of 21 June 2004 on Trust in the Digital Economy, known as the L.C.E.N., we inform users and visitors to the site: latouchemusicale.com of the following information:
Presentation and principle
Is referred to below: User, any Internet user connecting and using the above-mentioned site: latouchemusicale.com.
The site latouchemusicale.com includes a set of services, in the state, made available to users. It is hereby specified that the latter must remain courteous and act in good faith towards both other users and the webmaster of the site latouchemusicale.com. The website latouchemusicale.com is regularly updated by La Touche Musicale teams.
La Touche Musicale’s teams strive to provide the most accurate information possible on the latouchemusicale.com website (subject to modifications made since it was put online), but cannot guarantee the accuracy, completeness and timeliness of the information published on its website, whether by itself or by third party partners who provide it with this information. Consequently, the user acknowledges that he/she uses this information (for information purposes only, non-exhaustive and subject to change) under his/her exclusive responsibility.
The latouchemusicale.com website is accessible to users 24/24h, 7/7d, except in the event of an interruption, scheduled or not, for the purposes of its maintenance or in the event of force majeure. In the event that access to the service is not possible, latouchemusicale.com undertakes to do its utmost to restore access to the service and will then endeavour to inform users in advance of the dates and times of the intervention. Being subject only to an obligation of means, latouchemusicale.com cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the service.
Acceptance of terms and conditions
The use of the latouchemusicale.com website implies full and complete acceptance of the general terms and conditions of use described above. These can be consulted via a hypertext link placed on all the pages of the website latouchemusicale.com. It is hereby reminded that the developers of the site latouchemusicale.com keep track of the email address, and IP address of any user. Consequently, he must be aware that in the event of an injunction from the judicial authority he can be found and prosecuted.
Modification of the conditions
The teams of La Touche Musicale reserve the right, at any time, to modify, complete, remove or add, without notice, all or part of these conditions of use of the latouchemusicale.com website, so users of the latouchemusicale.com website are invited to consult them regularly, as they are binding on them without any reservation.
The user is deemed to accept them without reservation and to refer to them regularly to become aware of the changes. The latouchemusicale.com website also reserves the right to assign, transfer, without notice, the rights and/or obligations of these T&Cs and legal notices. By continuing to use the Services on the latouchemusicale.com website, the user acknowledges that he/she accepts any changes to the general terms and conditions of use that may have occurred.
Limitation of liability
The latouchemusicale.com website cannot be held responsible for typographical errors or inaccuracies appearing on the service, or for any damage suffered as a result of its use. The user remains responsible for his equipment and use, as well as for the direct or indirect costs incurred as a result of his connection to the Internet.
Any content (text, photos, drawings,…) issued through the contact area 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, including violations of the personality rights of third parties (defamation, insults, infringement of privacy,…), act of unfair competition, infringement of intellectual property, in particular copyright in musical works, infringement of public order and morality (incitement to racial hatred, negationism, revisionism, pornography,…) shall, without prior notice, be immediately deleted. In such a situation, the La Touche Musicale teams who own the latouchemusicale.com website reserve the right to hold the incriminated user civil and/or criminal liable.
La Touche Musicale teams are the exclusive owners of all intellectual property rights or hold the user rights to all elements accessible on the site, both on the structure and on the texts, images, graphics, logo, icons, sounds, software…
Any total or partial reproduction of the latouchemusicale.com website, representation, modification, publication, total or partial adaptation of any of these elements, whatever the means or process used, is prohibited, unless prior written authorization is obtained from La Touche Musicale, owner of the website by email: email@example.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 and following of the Intellectual Property Code.
Some areas of the website allow users to submit and import MIDI files 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 do not have intellectual property rights, the owner of the Content will own and be fully responsible for all User Content. The user is solely responsible for any content he or she imports on the Service and shares on third-party services.
7.2 Import and publish user content to The Music Key.
You agree not to submit, import, share on The Music Key or any third party service, or use the 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 yourself, to 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, requesting personally identifiable details or otherwise; (v) contains information or content that we consider unlawful, harmful, abusive, offensive to race or ethnicity, defamatory, infringing, invasive of privacy or publicity rights, harassing, humiliating others (publicly or otherwise), defamatory, threatening, hostile, violent or causing violence or hostility, profane or otherwise objectionable; (vi) contains information that discriminates against others on the basis of race, religion, sex, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains illegal information or content (including, without limitation, the disclosure of insider information under the securities law or trade secrets of another party); (viii) contains information or content that you do not have the right to make available under any law or contractual or fiduciary relationships; or (ix) contains information or content that you know is inaccurate and up-to-date. You agree that any User Content does not and will not infringe the rights of third parties of any kind, including, without limitation, all intellectual property rights (as defined below), as well as privacy and publicity rights. La Touche Musicale reserves the right, but is not obliged, to reject and/or delete any User Content that, in its sole discretion, violates these provisions. In addition, you understand that if you contribute to user content under a brand, the brand owner will own all user content and be fully responsible for it.
For the purposes of this Agreement, “intellectual property rights” shall mean all patent rights, intellectual property rights, in particular those relating to music industry copyright, masking rights, moral rights, advertising rights, trademarks, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights, and all related applications, as well as their registration, renewal and extension, under the laws of any State, country, territory or other jurisdiction.
In connection with your User Content, you represent, represent and warrant the following:
– Your User Content and its use by La Touche Musicale as provided for in this Agreement and the Service will not infringe any law or any right of any third party, including, but not limited to, intellectual property rights, copyright in music creation and distribution, confidentiality and publicity rights.
– La Touche Musicale may exercise the rights to your User Content granted under this Agreement without any obligation to pay any guild fees, residues, payments, royalties or royalties payable under a collective agreement or otherwise.
– No legal action, claim or other legal or administrative proceeding currently pending or imminent shall directly or indirectly affect your User Content or affect in any way the rights you grant hereunder.
– Your User Content is free of all intellectual property rights, including and in particular free of copyright in the works you choose to submit to the Service and on 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 do not send unsolicited emails or send spam to promote or promote your relationship with La Touche Musicale.
– If you use the Service to publish or share in any form whatsoever and on any other third-party User Content service, you acknowledge that you have verified that the User Content does not contain any unlawful material, infringes (or is falsely 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’s 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 cannot be held responsible for the User Content you import on its Service. Any content downloaded illegally or subject to the intellectual property of others, in any form, may not be imported and shared on the Service and on any other third-party service.
In the event of a claim or becoming aware of any claim that is inconsistent with your representations or warranties, La Touche Musicale will send you written notice of such claim, using the e-mail address you provided to La Touche Musicale, specifying 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 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 submit to the Service and import into your personal space, post to the Service or elsewhere by 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 may only act as a passive channel 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 are 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 suffer as a result of the 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, you are solely responsible for any damage caused to the rights holders and any persons concerned, and acknowledge that La Touche Musicale and its partners cannot be held responsible.
Hypertext links and cookies
The latouchemusicale.com site contains a certain number of hypertext links to other sites (partners, information, etc.) set up with the authorization of La Touche Musicale teams. However, La Touche Musicale’s teams are unable to check all the content of the sites visited and therefore decline any responsibility for any risk of illegal content.
The user is informed that during his visits to the latouchemusicale.com website, one or more cookies may be automatically installed on his computer through his browser software. A cookie is a block of data that does not identify the user, but records information related to the user’s navigation on the site.
The configuration of the browser software makes it possible to inform of the presence of a cookie and, if necessary, to refuse it in the manner described at the following address: www.cnil.fr However, the user can configure his computer’s browser to refuse the installation of cookies, knowing that refusing to install a cookie may make it impossible to access certain services. To block cookies, type in your search engine: block cookies under IE or firefox and follow the instructions according to your version.
Protection of property and persons – management of personal data
In France, personal data are protected by Act No. 78-87 of 6 January 1978, Act No. 2004-801 of 6 August 2004, Article L. 226-13 of the Criminal Code and the European Directive of 24 October 1995.
On the latouchemusicale.com website, Web Corpus only collects personal information (in accordance with article 4 of law n°78-17 of 06 January 1978) relating to the user for the purpose of providing certain services offered by the latouchemusicale.com website. The user provides this information in full knowledge of the facts, particularly when he/she enters it himself/herself. It is then specified to the user of the website latouchemusicale.com whether or not he or she is required to provide this information.
In accordance with the provisions of articles 38 and following of the law 78-17 of 6 January 1978 relating to data processing, files and freedoms, any user has a right of access, rectification, deletion and opposition to personal data concerning him. To exercise this right, send your request to latouchemusicale.com by email: firstname.lastname@example.org or in writing, duly signed, accompanied by a copy of the identity document with signature of the holder of the document, 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, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of the latouchemusicale.com site and its rights authorizes Web Corpus to transmit the said information to the possible purchaser who would in turn be bound by the same obligation to store and modify the data with regard to the user of the latouchemusicale.com site.
Databases are protected by the provisions of the law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Applicable law and competent jurisdiction
These General Terms and Conditions of Use and the user’s relationship with the latouchemusicale.com website under these General Terms and Conditions of Use are governed by French law. The user and latouchemusicale.com agree to submit to the exclusive jurisdiction of the French courts in the event of any dispute arising from these general terms and conditions of use.