GENERAL CONDITIONS OF SALE AND USE
MUSIC MEDIA PROMO
Date posted: May 27, 2020
This PROMO MEDIA MUSIQUE site is a sales site accessible freely and free of charge by any Internet user at the address https://promo-media-musique.com/ (The " Website ").
The purpose of the Site is to offer communication services (the " Services ") and downloadable digital products (the " Products ”) suitable for artists and labels.
The Site is published by the Leeemon agency, domiciled at 35B rue de la Chine – 75020 PARIS, registered under number 807 851 993 (hereinafter referred to as “ Promo Media Music »).
ARTICLE 1 – OBJECT – GENERAL STIPULATIONS
These general conditions of sale and use of the Site (hereinafter the " GTC ”) are applicable to the sale of Products and Services by Promo Media Musique on the Site (hereinafter the “ Customers ").
These GCS constitute with the online order the contractual documents opposable to the Parties during the purchase of a Product or a Service, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the present, and to the exclusion of all other documents, such as in particular prospectuses, catalogs or photographs of the Products which have only an indicative value.
The GCS are applicable to the Products and Services offered to consumer Customers established in France and/or in the territory of the European Union.
The GCS are written as well as all the contractual information mentioned on the Site in French.
The T&Cs are made available to Customers and any Internet user on the Site, where they can be consulted directly. They can also be communicated on request by telephone, e-mail or post.
By using the Site and placing an order (hereinafter the " Order ”) of a Product or Service, the Customer, by ticking a box provided for this purpose, acknowledges having read and accepted these GCS. The validation of the Order implies full and unreserved acceptance by the Customer of the GCS in force on the day of the Order, the conservation and reproduction of which are ensured by Promo Media Musique in accordance with article 1127-1 of the Civil Code (former C .civ., art. 1369-4).
Promo Media Musique reserves the right to modify its T&Cs at any time.
In the event of modification of the GCS, the applicable GCS are those in force on the date of the Order, a copy dated to date of which can be given to the Customer at his request.
If part of the T&Cs should prove to be illegal, invalid or unenforceable, for any reason whatsoever, the stipulations in question would be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.
The fact that promo media musique does not avail itself at a given time of any of the stipulations of these GCS cannot be interpreted as a waiver of its right to invoke it later.
ARTICLE 2 - PRODUCTS AND SERVICES
The Products consist of the sale of audio recordings, consisting of various samples and other musical instruments, created by PROMO MEDIA MUSIQUE, and offered to artists and musicians, amateurs or professionals, and labels, for their use under the terms of the present.
The Services offered are services consisting of advertising, promotion and online communication packages offered to artists and musicians, amateurs or professionals, and labels, with a view toincrease the visibility of a musical project through digital media and social networks.
The Products and Services offered for sale on the Site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The Products and Services offered by Promo Media Musique are valid as long as they are presented on the Site.
Promo Media Musique incurs no liability in the event of the unavailability of a Product or Service, unless the non-performance of the contract is personally attributable to it.
The Products and Services comply with the requirements in force relating to the fairness of commercial transactions and the protection of consumers at the time of their placing on the market, and in particular the requirements of French law in force at the time of their placing on the market.
ARTICLE 3 - PRICE
3.1 Selling price
The prices of the Products and Services are indicated in Euros, all taxes included. The amount owed by the Customer is indicated on the Order confirmation page.
The sale price of the Products and Services is that in force at the time of the validation of the Order.
All orders are payable in euros.
Promo Media Musique reserves the right to modify its prices at any time, but the Products and Services will be invoiced on the basis of the prices in force at the time of the validation of the Order.
ARTICLE 4 – OFFER
The online sales offers presented on the Site are reserved for Consumer Customers residing in France or in a member country of the European Union.
The online sales offers presented on the Site are valid, in the absence of indication of a particular duration, as long as the Products and Services are presented on the Site.
The acceptance of the offer by the Customer is validated, in accordance with the double-click process, by the confirmation of the Order.
ARTICLE 5 - ORDER
5.1 Conclusion of the sales contract
The Customer, to place an order, and after having filled his virtual basket indicating the Products and Services selected and the quantities desired, must click on the "Order" button and provide information relating to the method of payment.
To finalize his Order, the Customer must identify himself by entering his surname, first name, postal address and e-mail address.
Before confirming his Order, the Customer will have the opportunity to check the details of his Order and its total price, as well as to return to the previous pages to correct any errors or possibly modify his Order.
The acceptance of the offer by the Customer, validated by the confirmation of the Order, entails acceptance of the GCS, and forms a sales contract between Promo Media Musique and the Customer.
An e-mail acknowledging receipt of the Order and its payment is sent by Promo Media Musique as soon as possible.
5.2 Modification of the Order
Any modification of the Order by the Customer after confirmation of his Order is subject to acceptance by Promo Media Musique.
5.3 Validation of the Order
The order is deemed validated once the payment has been accepted and received by Promo Media Musique.
ARTICLE 6 – VALIDATION OF THE CGV
The sales contract is formed when the Customer sends the confirmation of his Order.
6.2 Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract.
Unless proven otherwise, the data recorded by Promo Media Musique constitutes proof of all transactions between Promo Media Musique and its Customers.
The Order may be canceled by the Customer by registered letter with acknowledgment of receipt or in writing on another durable medium in the event of delivery of a Product or Service that does not comply with the declared characteristics of the Product or Service.
ARTICLE 7 - PAYMENT OF ORDERS
The amount due is indicated during the validation of the Order. Orders will only be validated after receipt and validation of payment.
7.2 Secure payment
The Site is subject to a secure payment system in order to guarantee the security and confidentiality of personal and in particular banking information of Customers.
Payment for purchases is made on the Site, through payment service providers (Paypal, Stripe, etc.). The general conditions of use of the payment service provider(s) selected Promo Media Musique on the day of the Order are available by clicking on this link.
ARTICLE 8 – USE OF THE SITE
8.1 Access to the Site
Subject to compliance with the terms and conditions of these T&Cs, any Internet user may freely and free of charge access the Site.
8.2 Creating a personal account
To confirm his Order, the Customer must provide all the mandatory information required in the form made available to him. The mandatory information is the Customer's first name, last name, postal address, e-mail address and artist name/pseudo. The fact that the Customer does not provide mandatory information will prevent the creation of his personal account.
The Customer can also create a personal account on the Site. The Customer must for this in particular indicate the information necessary for his identification, namely his name, his first name, his email address.
The Customer undertakes to provide only accurate information and to update it regularly.
The Customer undertakes to define a strong password for access to his account and to guarantee its confidentiality. If the confidentiality of the Customer's password is compromised, the latter undertakes to inform Promo Media Musique as soon as possible so that a new password can be issued. The Customer remains responsible for the use of his personal account until he has informed Promo Media Musique of the risk of confidentiality being compromised.
Access to the Customer's personal account is strictly personal and non-transferable. As such, any use of the Customer's username and password on the Site constitutes a presumption of the Customer's connection to the Site. The Customer is thus solely responsible for the use of his username and password, information that may be transmitted by the Site as well as any use of the Site.
Promo Media Musique reserves the right to unilaterally suspend or close, without notice or compensation, a Customer's personal account if the latter provides erroneous, misleading or fraudulent information.
Any Customer retains the option of deleting their account at any time in accordance with the terms defined by Promo Media Musique.
ARTICLE 9 – PROVISION OF SERVICES AND DELIVERY OF PRODUCTS
The Products are delivered by way of download via a link provided by Promo Media Musique to the Customer by e-mail immediately after payment of the Order. The use of the Products is subject to the terms and conditions defined below in article 10 – Intellectual property.
Regarding the Services, Promo Media Musique will provide, within 30 (thirty) days following the outcome of the advertising and promotion campaign carried out on the selected platform, a deliverable relating to the results of the campaign carried out. The details of the deliverables submitted and the duration of the campaigns are defined on the Site according to the Services offered.
ARTICLE 10 - INTELLECTUAL PROPERTY
10.1 Promo Media Musique intellectual property
Any redistribution, reproduction or total or partial commercialization of the content of the Promo Media Musique site (“the Site”), in any form whatsoever, is strictly prohibited.
The elements reproduced on the Site, and in particular logos, drawings, samples, brochures, documents and other similar materials, photographs, visuals, texts, drawings and images or others, which are the exclusive property of Promo Media Musique, are protected by copyright. intellectual property.
Promo Media Musique is the holder of all the intellectual property rights relating to the structure and content of the Site (in particular graphics, images, texts, logos, databases, programs, software, videos, without this list being exhaustive).
The brand, logo, and/or any other distinctive sign, corporate name, drawings, models, samples, brochures, materials, prototypes, documents, projects, memos, plans, studies, descriptions, consultations, opinions, conclusions or other pleadings, methods, processes, techniques, developments, designs, techniques, and know-how, source and computer codes, software documents, mechanisms and electronic systems, and other similar element, without this list being exhaustive, provided by Promo Media Musique are the exclusive property of Promo Media Musique.
The brand, logo, company name and/or any other distinctive sign may not under any circumstances be used by the Customer, unless special dispensation is provided for.
These T&Cs shall not have the effect of conferring any right to the Customer on the intellectual property rights of Promo Media Musique.
The Customer undertakes not to reproduce, represent, distribute, adapt and/or modify, in any way and for any reason whatsoever, even partially, these elements without the express, written and prior authorization of Promo Media Musique. Any use without the prior written authorization of Promo Media Musique exposes offenders to legal proceedings.
Any unauthorized use of the Site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
10.2 License to use
The Customer, Licensee is granted a license conferring non-exclusive rights on the Products.
Promo Media, the Licensor, after payment of the Order, grants the Licensee the following non-exclusive rights relating to the Products ordered.
This non-exclusive license is granted for the entire legal duration of the intellectual property rights and for all countries, including after the termination of the Contract from the date of acceptance of the Order.
The license is non-transferable, ie granted to the Licensee only, who cannot transfer or sub-license it to other third-party users. Furthermore, the Licensee is not entitled to sell or transfer the license rights of the Products in whole or in part to a third party.
On the other hand, the Licensor has the right to license the Products to other licensees after ordering on its Site.
It is granted, for the whole world, without limitation of territory.
The Licensor declares to hold the intellectual property rights for this purpose for the use and exploitation of the Products by the Customer.
Acceptance by the Licensee of the terms of the Contract is deemed acquired by the fact of the first of the
downloading of the Products by the Licensee, whatever the format, from digital download links sent by e-mail, following the Order on the Site.
The Licensor grants to the Licensee, who accepts it, the following rights over the Products and for the duration of the copyright under the conditions detailed below:
- Rights of use
The use, for commercial or other purposes of the Products, can only be made by making a contribution (the " Contribution ”) to it, by the Licensee. The Licensee is not authorized to use or exploit the Product alone, in whole or in part, that is to say in its initial form at the time of the Order, without any Contribution. The Contribution by the Licensee must be made by associating or combining the Product with an audio and/or visual work belonging to the Licensee with a view to creating a new work (" New Work ").
Licensor hereby grants Licensee the right to affix recorded voices and/or lyrics. In addition and subject to the following provisions, the Licensor grants the Licensee the right to proceed with a synchronization of the Product, that is to say a combination of all or part of the Product with images or videos.
The Licensee certifies that he is the author of the Contribution in its entirety or that he has obtained authorization to use it. The Licensee guarantees that no content of the Contributions does not infringe the texts in force and/or the rights of third parties, in particular the texts relating to counterfeiting, defamation, invasion of good morals or privacy, likely to disturb the peaceful exploitation of the Products.
The Licensee is authorized to use the Product for an unlimited number of New Works, for commercial or other purposes.
The Licensee is authorized to remix and edit all or part of the Product according to the need for use, provided that the Licensee complies with the following provisions.
On the other hand, the Licensee is not authorized to sell or resell the Product alone, in whole or in part, nor to sell or resell the License, in whole or in part, to any third party.
- Rights of distribution, communication to the public and dissemination
The Licensee is granted distribution, representation, communication to the public and dissemination rights for an unlimited number of reproductions and representations of the New Work, for commercial or other purposes by all means, networks, processes and on all media. , known and unknown to date (including mechanical, plastic, magnetic, analog, digital, computer, electronic, telematic, multimedia, videographic, photographic, without this list being exhaustive…), and in all formats, current or future.
However, the Licensee is not authorized to distribute, communicate to the public, or disseminate the Product alone regardless of the means, networks, processes, supports and formats, current or future.
- Modification and adaptation rights
Subject to the provisions contained in this article 10.2, the Licensee is authorized to modify, have modified, adapt, make adaptations of any New Work.
Without the Licensor's written consent, the Licensee is not authorized to make any adaptation, in any form and any language, of the Product alone.
It is hereby agreed that the Licensee may use the Product without being liable for any copyright royalties to the Author, the Licensor or any other third party.
The Licensor remains the exclusive owner of the Product and its moral rights. As the Product is free of rights, the Licensee is not authorized to make any deposit, in its own name or on behalf of a third party, of the Product alone with any office or any competent collective management company, and this in worldwide, except with the prior written consent of the Licensor.
The Licensee undertakes to respect, in accordance with article L.121-1 of the Intellectual Property Code, the moral copyright of the Products.
In the event of a breach by the Licensee of the obligations imposed on it hereunder, the Licensor may automatically terminate the Agreement within 15 (fifteen) days after notification by e-mail, addressed to the Licensee and which has remained unsuccessful.
The Licensee whose Contract is terminated is no longer authorized to use, sell, distribute, communicate to the public and broadcast the Instrumental in any form whatsoever.
ARTICLE 11 - LIABILITY
The Customer, prior to his Order, declares to have full legal capacity, allowing him to engage under these GCS. Promo Media Musique cannot under any circumstances be required to verify the legal capacity of its visitors and Customers.
11.2 Use of Products and Services – liability
11.2.1 With regard to the Services, Promo Media Musique specifies that:
- Promo Media Musique implements all the means at its disposal to help the Customer achieve the objectives set with it when the Contract is concluded.
- Promo Media Musique guarantees that it is a service provider with the necessary expertise and experience to carry out its Services. It is recalled that Promo Media Musique is subject to an obligation of means regarding the Services offered.
- Promo Media Musique undertakes to provide all the care and diligence necessary for the performance of the Services in compliance with the rules of the art and the ethics applicable to its profession.
- Promo Media Musique cannot be held responsible if the marketing, advertising and communication objectives are not achieved. Promo Media Musique cannot guarantee the effects of any marketing or advertising campaign or online communication. The development of the Client's activity falls within the competence of the latter, and the responsibility of Promo Media Musique cannot be engaged in the event of absence of development of the said activity.
11.2.2 With regard to the Products, Promo Media Musique cannot be held liable for damages due to the non-performance, total or partial, of its obligations resulting from the user license provided for in Article 10.2 hereof, the direct or indirect damage resulting from the use of the Product or any New Work and more generally from any indirect damage. The Parties expressly agree that any financial or commercial prejudice (for example, loss of profits, operating loss, loss of fans or customers, loss of orders, loss of profits, commercial trouble of any kind) or any action directed against the Licensee by a third parties, constitutes indirect damage and does not entitle Promo Media Musique to compensation.
Licensee agrees to indemnify, defend, and hold harmless Licensor from and against all claims, liabilities, proceedings, and damages arising therefrom, or as a result of the use of the Product.
Promo Media Musique cannot be held responsible for the use of the Products and any infringement, dispute, recourse, complaint or procedure by a third party which could directly or indirectly result therefrom, in particular which would be in particular relating to counterfeiting, unfair competition, parasitism or still in good morals.
Promo Media disclaims all liability for the use of the name or title of the Product by the Licensee, after the Order. No guarantee is given as to the existence of prior rights to the name or title of the Product and to the existence of any brand.
In general, the Customer remains the sole judge of the appropriateness and adaptation to his needs and consumption of the Products and Services he orders.
The Client is responsible for decisions and strategic choices in the management of its activity.
The Customer is solely responsible for the choice and use of the Products and Services provided by Promo Media Musique, as well as for the acts he deduces therefrom in the context of his personal or professional activity.
Promo Media Musique cannot be held liable, either vis-à-vis third parties or the Customer, for the consequences of the use of the results by the Customer or of omissions or misuse of the Products and Services used.
Promo Media Musique cannot be held liable for any use of the Products and Services that does not comply with their intended purpose. Furthermore, Promo Media Musique cannot be held liable in the event of non-performance or poor performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Under no circumstances shall Promo Media Musique be held liable for any damage whatsoever, in particular operating loss, loss of data or any other financial loss resulting from the use or the impossibility of use the Products or Services referred to herein.
Without limiting the scope of the other stipulations of the GCS, the responsibility of Promo Media Musique can only be retained in the event of proven fault attributable to it. In any case, it will be limited to direct damages only, and to an amount received equivalent to the value of the Products or Services in question acquired by the Customer.
11.3 Information and description of Products and Services
Promo Media Musique is committed to a duty of fair information and takes the greatest care and the greatest accuracy in putting information online, in the descriptions of the Products, the Services and the data available on the Site as well as in their regular update.
11.4 Availability of the Site
Promo Media Musique cannot be held responsible for:
- interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
- the impossibility of the Customer to temporarily access the Site, due to facts beyond his control, such as: cases of computer failure, interruptions of the telephone network, the Internet network, failure of the reception equipment of the said network internet, etc
Promo Media Musique does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.
11.5 Operation of the Site
Promo Media Musique reserves the right to suspend operation of the Site.
ARTICLE 12 – RIGHT AND PERIOD OF WITHDRAWAL
12.1 Conditions and deadline for exercising the legal right of withdrawal and Products and Services excluded from the legal right of withdrawal
12.1.1 It is reminded to avoid any doubt that in accordance with the provisions of articles L.221-5 and L. 221-18, L.121-21 and following of the Consumer Code, if the Customer is a consumer, he has a right of withdrawal that he can exercise, within fourteen (14) days of receipt of the Products by the Customer or by any third party designated by him.
12.1.2 However, in accordance with article L.221-28 of the Consumer Code, it is recalled that the right of withdrawal cannot be exercised for Orders:
"1e – For the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal
[...] 9e – Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
13° – Supply of digital content not supplied on a material medium, the execution of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal. »
- Regarding the Products, these consisting of audio content downloaded by the Customer: it is expressly recognized that the right of withdrawal cannot be exercised upon use of the download link of the digital audio Product.
- Regarding the Services, these consist of (i) the supply of an online advertising campaign starting from the Order, limited according to a defined budget and duration, and (ii) the delivery at the end of this campaign of a performance report:
- it is expressly understood that the Customer makes the purchase of a Service, the execution of which begins immediately after the validation of the Order;
- it is also understood that the deliverable consists of a performance report provided in the form of digital content at the end of the campaign;
- consequently, as soon as the Service is fully executed before the end of the withdrawal period, the Customer, by ticking a box to this effect, expressly waives his right of withdrawal.
12.3 Consequences of exercising the legal right of withdrawal
If the Products or Services may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund for the Service.
12.4 Modalities for exercising the right of withdrawal
The Customer must inform Promo Media Musique of their wish to withdraw within fourteen (14) days following the Order, by notifying Promo Media Musique of their decision to withdraw by means of an unambiguous statement indicating their name, their address, telephone number and email address.
In this case, the Customer may in particular use the model withdrawal form in the appendix to these GCS and send it:
- By mail to the following address: Monsieur l'agence Leeemon, domiciled at 35B rue de la Chine – 75020 PARIS, or,
- by email to the following address: email@example.com
12.5 Model withdrawal form
The model withdrawal form is at the bottom of the document.
ARTICLE 13 - PERSONAL DATA
Information relating to the Order, some of which the Customer's personal data is subject to automated data processing, under the terms and conditions set out in Promo Media Musique's personal data protection policy, and in accordance with the laws and regulations in force relating to the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “General Data Protection Regulation” or “ GDPR ") and the modified law n°78-17 of February 6, 1978 known as "Informatique et Libertés" (the " LIL ").
ARTICLE 14 - MEDIATION
In the event of a dispute, the Customer must first contact Promo Media Musique.
In the event of failure of the complaint request to Promo Media Musique or in the absence of a response within two months, the Customer may submit the dispute to these GCS opposing him to Promo Media Musique to the mediator responsible for Promo. Media Music (Mediation Solution). The mediator will attempt, in complete independence and impartiality, to bring the Parties together with a view to reaching an amicable solution.
To submit his request for mediation, the Customer has a complaint form available on the mediator's website.
The Parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or reject the solution proposed by the mediator.
In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution by way of mediation, within a period of less than one year from its written complaint to the professional.
This establishment has designated, by membership registered under number CS0001170/2006, SAS Médiation Solution as a consumer mediation entity.
To seize the mediator, the consumer must formulate his request:
– Or in writing to:
Sas Mediation Solution
222 sheepfold road
01800 Saint Jean de Niost
T. 04 82 53 93 06
– Either by email to: firstname.lastname@example.org
– Either by filling out the online form entitled “Saisir le mediator” on the site https://www.sasmediationsolution-conso.fr
Regardless of the means of referral used, the request must imperatively contain:
– The postal, telephone and electronic contact details of the applicant,
– The name and address and the registration number at Sas Médiation Solution, of the professional concerned,
– A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
– Copy of the prior complaint,
– all documents allowing the instruction of the request (purchase order, invoice, proof of payment, etc.)
ARTICLE 15 – APPLICABLE LAW AND DISPUTES
15.1 Applicable law
These general conditions of sale and the contractual relations between Promo Media Musique and the Customer are subject to French law.
In the event of a dispute relating to the existence, interpretation, conclusion, execution or termination of the contract, an amicable solution will be sought before any legal action. In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law.
MODEL WITHDRAWAL FORM
(Compléter Veuillez et le présent renvoyer formulaire souhaitez vous vous uniquement if rétracter du contrat.)
For the attention of the Promo Media Musique agency, domiciled at 35B rue de la Chine – 75020 PARIS, FRANCE,
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the product/service below:
Ordered on (*) / received on (*):
Name of consumer(s): ____________
Address of consumer(s): ____________
Signature of the consumer(s) (only in case of notification of this form on paper): ____________
(*) Delete the mention useless.