Terms of Service

 

1. Object

The Terms of Use are intended to define the conditions of use of La Touche Musicale.

The use of La Touche Musicale is reserved for Users who have read and unconditionally accepted the Terms of Use.

The User agrees to respect these Terms of Use throughout its use of the Service La Touche Musicale. In case of disagreement with the terms and conditions of the Terms of Use, the User must not use the Music Key Service.

The User declares to have the capacity to contract. The minor User guarantees to have received the authorization of his parents or the person having the 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 power necessary for such an engagement.

La Touche Musicale reserves the right to modify these Terms of Use at any time.

 

2. Definitions

For the purposes of these Terms of Use, capitalized terms and expressions have the meanings specified below, whether used in the singular or plural form:

  • “Terms of Use” means the present terms and conditions of use of the La Touche Musicale websites.
  • “Contributor” means the User who has published on La Touche Musicale Works on which he holds the intellectual property rights.
  • “Contribution” means any Work (text, photograph, audiovisual work or multimedia) that the Contributor publishes on La Touche Musicale. The questions, answers and comments constitute Contributions.
  • “Site” means all the subdomains websites of latouchemusicale.com.
  • “User” means a person, natural or legal, acting alone or representing third parties, whether or not engaged in a professional or commercial activity, who uses the La Touche Musicale website.
  • “Registered User” means 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. Description of the La Touche Musicale Service

La Touche Musicale offers:

  • a service to learn to play the piano without resorting to music theory;
  • an information service with the sending of a regular letter;
  • the possibility for each User to import a MIDI file onto his prototype and read it;
  • the possibility for each User to create his account;

The La Touche Musicale service is accessible free of charge to any user with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are his responsibility.

Given the global nature of the Internet, the User agrees to comply with all rules of public policy relating to the behavior of users of the Internet and applicable in the country from which he uses the Service. For its part, La Touche Musicale complies with the French legislation in force, to which it is subject.

La Touche Musicale implements all reasonable means available to make its service accessible 24 hours a day, 7 days a week. However, it is not held to any obligation of result.

 

4. Guarantees and responsibility of La Touche Musicale

La Touche Musicale makes every effort to offer the User verified and up-to-date information, but it can not be held responsible for errors, inaccuracies, omissions or lack of availability of the information contained on its Site, nor any direct or indirect damage that may result.

The contents and services offered on the La Touche Musicale website are based on MIDI track information and playback; they present the general cases but do not deal with the particular cases of the users; they are given as an indication only for the purpose of popularization with the general public, and therefore do not claim either accuracy or completeness or continuous updating. The User is solely responsible for the interpretation and use of the documentation provided. The User is also responsible for the origin of the files he imports and reads on the site. In any case, La Touche Musicale is responsible for the files imported and read by the users on the Site. The information published on La Touche Musicale can not in any way replace the consultation, diagnosis or advice of a professional, especially in the areas of music, law and taxation.

Similarly, La Touche Musicale can not in any way be held liable for the results of requests for quotations made on its Site, particularly with regard to the satisfaction of the User, both in terms of the number of suppliers who responded to the request and the offers themselves or the qualities and characteristics of the products offered by the suppliers. La Touche Musicale does not intervene in negotiations that may result from the request for quote and, not being a third party in the contractual relationship that may be formed between users and professionals, is in no way responsible disputes that may arise between them in the negotiations and contracts resulting from the Request for Quotation. La Touche Musicale can not be held liable for any non-performance or poor performance of all or part of the services provided by the suppliers. Any complaint concerning the performed services must be addressed directly to the professional concerned.

La Touche Musicale can not guarantee the accuracy, legality, quality or reliability of the information freely published by the Contributors. In the same way, the hypertext links put in place within the framework of this Site towards other resources present on the Internet network can not engage the responsibility of La Touche Musicale.

In accordance with its legal obligations, La Touche Musicale may wholly or partially remove content after a third party has argued the unlawful nature of the content concerned, and may upon formal request of the judicial authorities transmit the elements allowing the identification of Users who have contributed to this content.

La Touche Musicale makes every effort to offer the User a secure Website, particularly in the absence of viruses. However, it is up to the User to protect his hardware or computer network by having an anti-virus that will be regularly updated by the User. The Company can not be held responsible for any intrusion of viruses into the user’s computer equipment, or any direct or indirect damage that may result.

 

5. La Touche Musicale Registration

The User may use the entire La Touche Musicale service only after registering by giving his email.

The information required by La Touche Musicale is necessary and mandatory for access to all the features offered by La Touche Musicale. In particular, the email address may be used by La Touche Musicale for the administration, management and animation of the Service.

The User agrees to give only one email address on La Touche Musicale.

In case of violation of these provisions, La Touche Musicale ban the email address lists without notice to the exclusive fault of the User, and the User will no longer use the service La Touche Musicale.

It is possible to unsubscribe by sending a request by email to the following address: contact@latouchemusicale.com, indicating in object “Unsubscribe” and specifying the email address (e-mail) with which he registered . Any other way to request an 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 by its public user name. In the event of a request for anonymisation of the public user name by a User, the latter acknowledges being informed that this action will result in the deletion of his signature in his Contributions and thus automatically commits to waive any prosecution. or approach in intellectual property.

 

6. Personal Datas

Personal data processing on La Touche Musicale website

The User is invited to consult this page on the private policy to know the use made of his personal data on the site La Touche Musicale.

 

7. Methods of making contributions available

The provision of Contributions is made by the Contributor by entering texts on the interfaces of the Site provided for this purpose. The Contributor guarantees that he owns the original files of his Contributions. La Touche Musicale will not be responsible in case of loss of files and data transmitted by the Contributor.

La Touche Musicale remains free not to publish or unpublish any Contribution without having to justify it.

Contributions posted by the User on the La Touche Musicale website are accessible to everyone. The User is solely responsible for the inclusion in his Contributions of personal or nominative information to identify him.

 

8. Rules of good conduct

The User is solely responsible for the information, messages and, in a general manner, any content that he broadcasts via La Touche Musicale’s interactive services, such as question-and-answer, commentary, private messaging or quote request.

The User is solely responsible for contacts made 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 affect the honor or the consideration of La Touche Musicale, its activities or its representatives.

Use of the Service for the purpose of dissemination to other Users of advertising or commercial messages is prohibited. The User agrees to be courteous to other Users.

Are prohibited all contributions and communications openly apologizing for crimes against humanity, inciting racial hatred, violence, having an erotic, pornographic, defamatory, abusive, deceptive, detrimental to respect for people, contrary to public order or morality, as well as commercial interference. The account of any User who does not respect these conditions can be closed, and his messages deleted, without notice.

In addition, the Contributor is committed to making 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, booklets, etc.

In case of violation of these provisions, the Contributor is solely responsible. In addition, La Touche Musicale can then, depending on the seriousness of the facts:

  • correct or delete the Contentious Contribution(s);
  • and / or exclude by right and without notice the email of the User from his lists to the exclusive fault of the User, and the User will no longer be able to use the service La Touche Musicale.

La Touche Musicale exercises a moderation a posteriori and undertakes to follow up all reports of abuse (indicated by a small bell next to the Contributions).

In the event of dissemination of works constituting illegal content or plagiarism, the User is encouraged to alert La Touche Musicale by an email addressed to contact@latouchemusicale.com, indicating in the subject line “Illegal content” or “Plagiarism”, and by indicating the link of the page containing the disputed content.

In case of illicit or malicious behavior, the User is encouraged to alert La Touche Musicale by sending an email to contact@latouchemusicale.com, indicating in the subject line “Report of abuse”, proceeding to a complete and faithful transcription of the behavior or the disputed message if it is not public.

The User agrees that La Touche Musicale takes the initiative, without prior notice, to delete, in whole or in part, any content that it broadcasts or that is sent to it via the interactive services, if this content is likely to bear breach of applicable laws and regulations or morality.

The user agrees to use the MIDI file import service for personal purposes and for individual and serious learning. The User agrees to import legally downloaded files into the MIDI Player. Any misuse of the service may be subject to prosecution. For example, requests for prohibited files, or containing incorrect information, or impersonating a third party, or violating the intellectual property code, are considered unfair.

 

9. Intellectual Property

The Contributor retains full ownership of its intellectual property rights.

By publishing its Contribution on La Touche Musicale, the Contributor assigns to La Touche Musicale the non-exclusive and free right to represent, reproduce, adapt, modify, distribute and distribute its Contribution, directly or by an authorized third party, throughout the world. , on any medium (digital or physical), for the duration of the intellectual property.

The Contributor assigns in particular to La Touche Musicale the right to use its Contribution on the internet and on the mobile networks, in the form of a website or download, or in printed documents, free of charge or onerous.

La Touche Musicale agrees to include the Contributor’s public user name in the vicinity of each use of its Contribution. In the event of a request for anonymisation of the public user name by a User, the latter acknowledges being informed that this action will result in the deletion of his signature in his Contributions and thus automatically commits to waive any prosecution. or approach in intellectual property.

La Touche Musicale may make the necessary spelling and grammar corrections for the publication of the Contributions. Contributions being 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 publish these Contributions, in particular by rewriting them, in accordance with the moral rights of the Contributor.

No use of the Contributions will give rise to any payment of copyright or any compensation in any form whatsoever.

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 trouble, action, claim, opposition, claim or eviction whatsoever from a third party that would support that one of the Contributions violates his rights, as well as against any damage or liability incurred in the exercise rights attached to Contributions.

 

10. Disputes

Evidence Agreement

The parties agree that they may exchange the information necessary for the performance of the contract electronically. Any electronic communication between the parties is presumed to have the same probative force as a written paper.

Partial invalidity

In case of nullity of a substantial stipulation of the Terms of Use or if this stipulation was deemed unwritten, in whole or in part, pursuant to a law or regulation or following a final court decision the other stipulations will remain in force and will retain their full binding force between the parties.

Applicable law

These Terms of Use are governed by French law, excluding its conflict of laws rules.

Amicable dispute resolution procedure

The parties undertake, in case of difficulties in the execution of the contract and prior to any termination, resolution and / or legal proceedings, to submit their dispute to an amicable conciliation procedure.

As such, the party wishing to bring the amicable conciliation procedure into play must notify the other party, by registered letter with acknowledgment of receipt, of its intention to bring the proceedings into question by specifying the difficulties of application. encountered.

During the entire period during which such difficulties are found, the parties agree that the continuity of benefits provided for in the Terms of Use outweighs any other consideration.

In the absence of agreement between the parties within fifteen (15) days of the notification referred to above, the parties will be free to act.

Attribution of jurisdiction

In the event of litigation, express jurisdiction is attributed to the courts of Ile-de-France (France), where is located the headquarters of La Touche Musicale where is formalized the contract between the parts, notwithstanding plurality of defendant or call in guarantee, even for urgent procedures or provisional proceedings in summary proceedings or by application.

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Politique de confidentialité

En renseignant votre adresse mail, vous acceptez de recevoir chaque mois nos dernières mises à jour du prototype ou autres actualités et vous prenez connaissance de notre Politique de confidentialité.

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