Terms and conditions
The purpose of the Terms and conditions is to define the terms and conditions of La Touche Musicale.
The use of La Touche Musicale is reserved for Users who have previously read and accepted the Terms and conditions without reservation.
The User undertakes to comply with these Terms and conditions throughout his use of La Touche Musicale Service. In the event of disagreement with the terms and conditions of the Terms and conditions, the User shall not use the La Touche Musicale Service.
The User declares that he/she has the capacity to contract. The Minor User guarantees that he/she has received the authorization of his/her parents or the person holding family authority. In the event that the User acts in the name and on behalf of his employer, he guarantees to have received the delegation and the necessary power to make such a commitment.
La Touche Musicale reserves the right to modify these Terms and conditions at any time.
2. Definitions of the terms
In these Terms and conditions, capitalized terms and expressions have the meanings set forth below, whether used in the singular or plural:
“Terms and conditions” refers to these terms and conditions of use of La Touche Musicale sites.
“Contributor” refers to the User who has published on La Touche Musicale Works over which he holds the intellectual property rights.
“Contribution” refers to any Work (text, photography, audiovisual or multimedia work) that the Contributor publishes on La Touche Musicale. Questions, answers and comments are Contributions.
“Site” refers to all sub-domain websites of latouchemusicale.com.
“User” refers to a person, natural or legal, acting alone or on behalf of third parties, whether or not engaged in a professional or commercial activity, who uses the La Touche Musicale site.
“Registered User” refers to any person who has created an account on La Touche Musicale, either by following the online registration procedure described below or by registering directly with La Touche Musicale.
“Expert User” means any person who has created an expert account on La Touche Musicale, either by following the online registration procedure described below or by registering directly with La Touche Musicale.
3. Service Description La Touche Musicale
La Touche Musicale offers:
– a service that allows you to learn to play the piano without having to use solfeggio;
– an information service with the sending of a regular letter;
– the possibility for each User to import a MIDI file on his prototype and to read it;
– the possibility for each User to create his account;
The La Touche Musicale service is available free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense.
Given the global nature of the Internet network, the User agrees to comply with all public policy rules relating to the conduct of Internet network users applicable in the country from which he or she uses the Service. For its part, La Touche Musicale complies with the French legislation in force, to which it is subject.
La Touche Musicale uses all reasonable means available to make its service accessible 24 hours a day, 7 days a week. However, it is not bound by any obligation of result.
4. Warranties and liability of La Touche Musicale
La Touche Musicale makes every effort to provide the User with verified and updated information, but it cannot be held responsible for errors, inaccuracies, omissions or unavailability of the information contained on its Site, nor for any direct or indirect damage that may result.
The content and services offered on the La Touche Musicale website are part of the MIDI track information and playback; they present general cases but do not deal with the particular cases of users; they are given for information purposes only and are intended for the general public, and therefore do not claim to be accurate, exhaustive or continuously updated. The User is solely responsible for the interpretation and use of the documentation thus provided. The User is also responsible for the origin of the files he imports and reads on the site. Under no circumstances is La Touche Musicale responsible for the files imported and read by users on the Site. The information published on La Touche Musicale is in no way a substitute for professional consultation, diagnosis or advice, particularly in the fields of music, law and taxation.
Similarly, La Touche Musicale shall under no circumstances be held liable for the results of requests for quotations made on its Site, in particular as regards the User’s satisfaction, both on the number of suppliers who have responded to the request and on the offers themselves or on the qualities and characteristics of the products offered by the suppliers. La Touche Musicale does not intervene in the negotiations that may result from the request for a quote and, not having the status of a third party in the contractual relationship that may arise between Users and professionals, is in no way responsible for any disputes that may arise between them in the negotiations and contracts resulting from the request for a quote. La Touche Musicale cannot be held liable for any failure or improper performance of all or part of the suppliers’ services. Any complaint concerning the services provided should be addressed directly to the professional concerned.
La Touche Musicale cannot guarantee the accuracy, legality, quality or reliability of the information freely published by the Contributors. Similarly, the hypertext links set up within the framework of this Site to other resources on the Internet network do not engage the responsibility of La Touche Musicale.
In accordance with its legal obligations, La Touche Musicale may delete all or part of a content after a third party has claimed that the content in question is illegal, and may, at the formal request of the judicial authorities, transmit elements allowing the identification of Users who have contributed to this content.
La Touche Musicale does everything in its power to offer the User a secure Site, particularly with regard to the absence of viruses. However, it is the User’s responsibility to protect his equipment or computer network by equipping himself with an anti-virus software that will be regularly updated by the User. The Company may under no circumstances be held liable for any intrusion of viruses into the User’s computer equipment, nor for any direct or indirect damage that may result therefrom.
5. Registration La Touche Musicale
The User may only use the entire La Touche Musicale service after registering by giving his email.
The information required by The Musical Key is necessary and mandatory to access all the features offered by The Musical Key. In particular, the e-mail address may be used by La Touche Musicale for the administration, management and animation of the Service.
The User undertakes to give only one email address on The Musical Touch.
In the event of a breach of these provisions, La Touche Musicale will ban the email address from its lists without notice to the User’s exclusive disadvantage, and the User will no longer be able to use the La Touche Musicale service.
It is possible to unsubscribe by sending a request by e-mail to the following address: firstname.lastname@example.org, indicating in the subject line “Unsubscribe” and specifying the e-mail address with which he/she has registered. Any other means of requesting unsubscription will not be taken into account.
Unsubscription has no effect on previous assignments; in particular, La Touche Musicale may continue to use the User’s Contributions, which will remain published and signed with its public user name. In the event of a request for anonymization of the public user name by a User, the User acknowledges that he/she is informed that this action will result in the deletion of his/her signature in his/her Contributions and thus automatically undertakes to waive any legal action or proceeding in respect of intellectual property.
6. Personal data
Processing of personal data on the La Touche Musicale website
7. Methods of making Contributions available
The Contributions are made available by the Contributor by entering the texts on the interfaces of the Site provided for this purpose. The Contributor warrants that it has the original files of its Contributions. La Touche Musicale shall under no circumstances be liable in the event of loss of the files and data transmitted by the Contributor.
La Touche Musicale remains free not to publish or unpublish any Contribution without having to justify itself.
Contributions posted by the User on the La Touche Musicale website are accessible to all. The User is solely responsible for the inclusion in his Contributions of personal or nominative information allowing him to be identified.
8. Rules of good conduct
The User is solely responsible for the information, messages and in general for any content he or she disseminates via La Touche Musicale’s interactive services such as question-and-answer, comment, private messaging or quote request services.
The User is solely responsible for making contact via the interactive services of the La Touche Musicale website, such as questions and answers, private messaging or requests for quotes.
The User undertakes not to do anything that could harm the honour or consideration of La Touche Musicale, its activities or its representatives.
The use of the Service for the purpose of distributing advertising or commercial messages to other Users is prohibited. The User undertakes to be courteous towards other Users.
All contributions and communications openly promoting crimes against humanity, inciting racial hatred, violence, erotic, pornographic, defamatory, abusive, deceptive, deceptive, offensive to respect for persons, contrary to public order or morality, as well as commercial parasitism, are prohibited. The account of any User who does not comply with these conditions may be closed, and his messages deleted, without notice.
In addition, the Contributor undertakes to make entirely original contributions. Any copy, paraphrase or reminiscence of a text written by a third party, published or not, is strictly prohibited. La Touche Musicale warns Contributors against borrowing from websites, books, newspapers or magazines, studies, memoirs or white papers, brochures, etc.
In the event of a breach of these provisions, the Contributor shall be solely liable. In addition, La Touche Musicale may then, depending on the seriousness of the facts:
– correct or delete the disputed Contribution(s);
– and/or automatically and without notice exclude the User’s e-mail from its lists to the User’s exclusive detriment, and the User may no longer use the La Touche Musicale service.
La Touche Musicale exercises a moderation a posteriori and undertakes to act on all reports of abuse (indicated by a small bell next to the Contributions).
In the event of the distribution of works constituting illegal content or plagiarism, the User is encouraged to alert La Touche Musicale by sending an e-mail to email@example.com, indicating in the subject line “Illicit Content” or “Plagiarism”, and indicating the link of the page where the disputed content appears.
In the event of unlawful or malicious behaviour, the User is encouraged to alert La Touche Musicale by sending an e-mail to firstname.lastname@example.org, indicating in the subject line “Abuse report”, and making a complete and accurate transcription of the behaviour or message in question if it is not public.
The User accepts that La Touche Musicale may take the initiative, without prior notice, to delete, in whole or in part, any content that it disseminates or is sent to it via the interactive services, if such content is likely to violate the laws and regulations in force or public morals.
The user undertakes to use the MIDI file import service for personal use and for individual and serious learning. The User undertakes to import legally downloaded files into the MIDI player. Any misuse of the service may be subject to legal action. For example, requests for files that are prohibited, or that contain incorrect information, or that impersonate a third party, or that violate intellectual property laws, are considered abusive.
9. Intellectual Property
The Contributor remains the owner of all its intellectual property rights.
By publishing his Contribution on La Touche Musicale, the Contributor assigns to La Touche Musicale the non-exclusive and free right to represent, reproduce, adapt, modify, modify, distribute and distribute his Contribution, directly or through an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property.
In particular, the Contributor assigns to La Touche Musicale the right to use its Contribution on the Internet and on mobile telephone networks, in the form of a site or download, or in printed documents, free of charge or for a fee.
La Touche Musicale undertakes to display the Contributor’s public user name near each use of his Contribution. In the event of a request for anonymization of the public user name by a User, the User acknowledges that he/she is informed that this action will result in the deletion of his/her signature in his/her Contributions and thus automatically undertakes to waive any legal action or proceeding in respect of intellectual property.
La Touche Musicale may make the necessary spelling and grammatical corrections for the publication of the Contributions. As the Contributions are merged into its sites, La Touche Musicale may also insert hypertext links to its own sites or to the sites of its partners. Finally, in order to improve the quality of the content published on the Site, La Touche Musicale may edit these Contributions, in particular by rewriting them, while respecting the moral rights of the Contributor.
No use of the Contributions shall give rise to any payment of copyright or any other form of compensation.
The Contributor guarantees La Touche Musicale the peaceful enjoyment and exercise of all the rights attached to the Contributions. The Contributor thus guarantees La Touche Musicale against any disturbance, action, claim, opposition, claim and eviction of any kind whatsoever from a third party who claims that one of the Contributions violates his rights, as well as against any damage or liability incurred in the exercise of the rights attached to the Contributions.
10. Disputes and disputes
Convention of proof
The parties agree that they may exchange the information necessary for the performance of the contract by electronic means. Any electronic communication between the parties is presumed to have the same probative value as a written paper document.
In the event of the invalidity of a material provision of the Terms and conditions or if such provision is deemed unwritten, in whole or in part, pursuant to a law or regulation or following a final court decision, the other provisions shall remain in force and shall remain fully binding on the parties.
These Terms and conditions are governed by French law, excluding its conflict of laws rules.
Procedure for amicable dispute resolution
The parties undertake, in the event of difficulties in the performance of the contract and prior to any termination, resolution and/or legal proceedings, to submit their dispute to an amicable conciliation procedure.
In this respect, the party wishing to bring the amicable conciliation procedure into play must notify the other party, by registered letter with acknowledgement of receipt, of its intention to bring the procedure into play, specifying the difficulties encountered in its application.
Throughout the period during which such difficulties would be identified, the parties agree that the continuity of the benefits provided for in the Terms and conditions shall prevail over any other consideration.
In the absence of an agreement between the parties within fifteen (15) days of the notification referred to above, the parties shall be free to act.
Attribution of jurisdictional competence
In the event of a dispute, the courts of Ile-de-France (France), where the registered office of La Touche Musicale is located, where the contract between the parties is formalized, have express jurisdiction, notwithstanding the plurality of defendants or warranty claims, even for emergency proceedings or protective proceedings in summary proceedings or by application.