Please find below , in accordance with the law on confidence in the digital economy, requested legal mentions identifying the editor of the present internet website.
The present site is edited by the company "Music Media Tracks", registered at the Trade and Corporate Register of Lyon under the number 524771524, having its registered office at 7 rue du Plantier in Saint-Maurice-de-Beynost, telephone num.: +33(0)4 37 27 01 46,email address : info@webradiostore.fr, intercommunity VAT num.: FR25524771524
Statement imposed by the law on confidence in the digital economy, purpose of the present URL and designation of the parties
The present site is edited by the company “Music Media Tracks”, registered at the Trade and Corporate Register of Lyon under the number 524771524, having its registered office at 7 chemin du Plantier, 01700 Saint-Maurice-de-Beynost, telephone num.: +33(0)4 37 27 01 46 , intercommunity VAT num.: FR25524771524
It is hosted by the company Online Outsourcing (Mauritius) Limited 8, Buswell Avenue, Quarte-Bornes, Mauritius
Herewith, the provision of web radio service which is available by subscription is offered.
All of the features of the present site are subject to acceptance by its users of the general terms and conditions of use and sale of the present site. The Users undertake to benefit from the legal capacity which allows them to accept the present contract and subscribe to the offers proposed on the present site, or to have the authorisation in this regard from an individual bearing parental authority, a guardian, or a trustee if they are underage or without legal capacity
When taking out a subscription on the present site, members shall be invited to consult and approve the present General Sales Terms and Conditions by ticking the box provided on the order form for said purpose. In the absence of approval of said General Sales Terms and Conditions, the subscription of the service shall be refused. Ticking the box shall be considered to have the same value as a handwritten signature and the members acknowledge and accept that the computer registration systems of the editor hereof shall be valid as proof in any and all events.
The editor certifies that it is full owner of the exploitation rights of the works offered in the track list of the web radio which is made available. Said works have not been the object of registration with any performing rights organisations(SACEM, BMI, ASCAP...) but have been subject to registration directly with a Bailiff for the sake of providing proof of their precedence and to protect the editor or the licensee against any and all subsequent registration which may be carried out be a third party. The works assigned to the clients on the basis hereof are exploitable within the limits and under the terms defined by the license which he shall have acquired.
The present site offers a unrestricted web radio transmission which is available by subscription, payable yearly and whose tariffs are provided on the present site.
The web radio subscription price is established unilaterally by the editor, is understood to all taxes not included and is indicated on the present site. The price included taxes is also indicated on the present site.
The buyer or member wishing subscribe to the web radio must pay the amount of the service beforehand, either by secured payment using his bank card, by bank cheque sent by mail and drawn on a French bank only, by band transfer including the transfer fees or by PayPal (www.paypal.fr).
Once payment is received by the site editor and if necessary, validated by the financial institution, then activation of the services that the member subscribed to shall be carried out within a period of three business days*. Said services shall thus be attached to the connection identifiers of the subscriber.
*CET: Central European Time.
The equipment (computer, software, telecommunication means, etc.) which make access to the Service possible, in addition to the telecommunication fees incurred by their use, are exclusively paid by the Member.
The editor of the present site offers a subscription to three « web radios » that he broadcasts online. By web radio shall be understood the broadcast of a musical programme by electronic means around the clock.
Said subscription is open to all professionals who wish to broadcast said musical programmes any place of their choice, as defined upon conclusion of the contract. The cost of this subscription is provided on the present site and is in proportion to the area in which the client wishes to broadcast the web radio.
The subscriber shall have the possibility to broadcast any one of the three web radios, and is able to change them at any time of the day. The description of each of the three radios shall be posted on the site by the editor.
The subscription may be taken out online, on the present site by means of the form provided for said purpose. The subscriber must provide a certain number of information and make payment by secured bank card transaction. Once payment is received by the editor’s banking establishment, the latter shall send the subscriber an invoice, his broadcasting license and the access codes to his client account.
The license implies full waiver of all royalty payments or of any kind by the subscriber to the benefit of the editor; no sum of any kind may thus be demanded of the editor from the subscriber with the exception of his yearly subscription payment.
Broadcasting of the web radio by the subscriber shall be authorised, by virtue of the license that he shall have acquired, in the areas whose address he shall have given on the subscription form.
The editor reserves the right to request proof of the address and the surface area of the establishment where broadcast of the editor’s web radio shall occur, from the subscriber at any time during the contract execution period. His negligence in transmitting said proof within fifteen days of the request made by the editor makes it possible for the latter to suspend any and all access by the subscriber to the web radio service, without prior notice or special formality of any kind.
Any and all interruption of provision of service with the exception of cases of force majeure, and in particular but not exclusively due to technical failure of the system or systems of its host may not give rise to any compensation fro the subscriber, to the extent where said interruption does not exceed 10% of the yearly subscription time.
If said interruption is greater than 10% of the yearly subscription time, then the subscriber may be entitled to a reduction of the subsequent subscription which is to be paid for the following year, in proportion to the time it was unavailable.
The buyers and members subscribing to the services of the present site undertake to respect without reservation the present general terms and conditions and to use the features which are offered to him on the site in a prudent and responsible manner, exclusively for personal purposes.
Any and all default, given that the default is characterised by (and without said list being all-comprehensive in any manner):
May give rise to sanctions which may include the pure and simple deletion of the client or member account, including if the latter is subscribed to one of the continuous services offered by the present site, and without said member being able to claim the respect of prior notice or payment of compensation of any kind, and without said deletion giving rise to reimbursement of the sums paid by him.
Sanctioning decisions taken by the editor of the site are not subject to recourse by the member, he shall nevertheless have the right to make his defence at the following address: info@webradiostore.fr, but the final sanctioning decision belongs to the site editor.
Furthermore, and without said sanction being subject to a conviction, any and all infringement of the present provisions shall bring about, ipso jure, forfeiture of the rights acquired by the client upon acquisition of a license on a work. Therefore, the violation of one or several provisions hereof shall bring about a full and definitive ban on further recopying, use or exploitation of the works, under penalty of having the editor of the present site initiate legal proceedings against him.
Neither Music Media Tracks nor any other individual implicated in the distribution of works proposed by Music Media Tracks may be held liable for loss suffered by the licensee due to reception, use or the inability to use said works.
The partial or total unavailability of one or more “uninterrupted” services offered by the present site may only give rise to the granting of compensation to the subscribed members if said unavailability spreads over an uninterrupted period greater than 10% of the contractual time subscribed by the client. Likewise, client who requests it may have their subscription reduced on a prorated basis of the unavailability of the service.
The present site may have hypertext links which lead to other internet sites. The monitoring of said sites may not be carried out by the editor in a comprehensive manner, it declines any and all liability in regard to the content of said pages and said sites, but also in regard to loss which may result due to their consultation.
The site editor makes client service available to its members at the following e-mail address: info@webradiostore.fr, and accessible by telephone, from nine a.m. to six p.m., from Monday to Friday, at the following number: +33(0)4 37 27 01 46. It undertakes to answer all questions which are made in writing to said address, or by telephone within a three business day period as of reception of the question.
The Client is informed that he must provide a valid e-mail address capable of receiving mails in HTML format to Music Media Tracks at the time of registration. Certain Anti-spam software blocks reception of e-mails dynamically sent by the sites. If a protection programme or/and the mail reception software should block reception of the confirmation e-mail sent by Music Media Tracks, then no claim may be sent by the Client against Music Media Tracks.
The client acknowledges and accepts in all cases that any and all compensation that he may be declared beneficiary due to loss arising during use of the present site or one of the files that he shall have acquires may not be greater than the amount of the sums paid by him at the time of the service having provoked the incidence of loss.
The contact information for all Site members is saved at the time of their registration on said site. The Users give their authorisation to use personal date collected on the basis of their order on the Site. In conformity with law num. 78-17 of 6 January 1978, users have the right to access and rectification said information at any time. The terms and conditions thereof are provided on the Site. To do so, simply send an e-mail to the following address: musicmedia2@free.fr
The Site undertakes to respect its Users’ privacy. It shall refrain from using personal information which it is given in another objective than the improvement of the Site and the service provided.
The data given by the Users shall not in any case be transferred to Third Parties without the express authorisation of the users. However, in all cases where the Company shall have grounded reasons to believe that a User has infringed on Third Party intellectual property rights, and said in any manner whatsoever, it may send the contact information to the inept User the said Third Party. Likewise, data provided may be transferred for legal and/or judicial reasons upon request of the authorities authorised to request such a transfer.
In order to make proper operation of the Site possible, the latter gathers information, by means of IP data and cookies, among other means. Said information is intended for making it possible to adapt the Site and services offered to the needs of its Users in addition to making use of the Site easier.
Collection of data is intended for the creation of a “client account". Said account makes it possible for the client to consult a certain amount of information pertaining to him and relative to his activity on the site.
If the data contained in the client account section happens to disappear following exceptional circumstances, technical break down or in the event of force majeure, then the site and its editor may not be held liable, said information having no conclusive value and are for reference only.
The pages relative to the client account may be freely printed by the bearer of the account in question but in no event shall it constitute proof; they are for reference only.
At the time of creation of the client account, the user is asked to choose a password. Said password makes up a guarantee of confidentiality of the information contained in the “my account” section and the user shall refrain from transferring or giving it to a third party. Otherwise, the editor may not be held liable for unauthorised access to the user account, but he may also foresee any and all sanctioning measures as defined herein.
All intellectual property rights relative to the Site (in particular the rights on the texts, images, formatting, graphics, structure, and sound elements) belong to the editor of the present site, its ordering party and/or advertisers, and said without limitation. All infringement on the intellectual property right of said individuals may give rise to legal proceedings, without prejudice to possible sanctions as defined herein.
The users undertake to respect third party rights.
Any and all infringement of said provision may give rise to legal proceedings from the intellectual property holders and the users undertake to indemnify the site and its editor against any and all sanctions which it may be sentenced to on this basis, by the relevant courts.
All clients acknowledge and accept that the editor of the present site may cite it as a reference; the editor reserves the right to show on the present, the name of any and all clients, as well as a hypertext link leading to the internet website of said client.
The present terms and conditions are subject to French law, they may be modified by the site editor or any representative at any time, clients shall therefore undertake to respect them as they appear on the site on the day of their order.
Cancellation of one of the provisions of the present General Sales Terms and Conditions does not render the whole null and void. All of the provisions which are not cancelled are intended to remain valid as they stand.
The parties agree that in the absence of amicably settlement, all disputes which arise following or during the present contract shall fall under the jurisdiction of the COMMERCIAL Court in LYON.
If the editor of the present site is held liable before a court due to breach by a member of committed of the various general terms and conditions pertaining to the present site, then said member undertakes to indemnify the editor against any and all sentencing, in particular those which are monetary, and undertakes to pay them.
