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My Band Market - Conditions d'utilisation
Acceptance of Terms and Conditions
Description of Service
1. MY BAND MARKET is a hosting service provider providing USER and other artists with an Internet platform, electronic tools, features and services enabling USER to share and discover music and other media content with other users of MY BAND MARKET's Website and Services.
2. MY BAND MARKET's Website and Services are provided on an "as is" and "as available" basis. USER acknowledges to use MY BAND MARKET's Website and Services at own risk.
1. When USER registers for MY BAND MARKET's Services, USER may choose a username and password and will receive a user account from MY BAND MARKET. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorized by USER.
2. USER shall be liable for all activities and transactions occurring under USER's account, except for damages caused by the gross negligent or intentional conduct of MY BAND MARKET.
3. USER shall notify MY BAND MARKET immediately in writing of any unauthorized use of USER's account including, without limitation, unauthorized use of USER's password and/or username, or any other breach of confidentiality or data security.
4. It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on MY BAND MARKET's Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools.
6. USER can cancel his/her account at any time in the profile settings. USER is solely responsible for cancelling his/her account properly. A telephone request or email from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER's account, any and all music, videos, photos, pictures, graphics, comments, communications and other content, data or information of USER will be irretrievably deleted by MY BAND MARKET, with the exception of such data MY BAND MARKET may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
User Generated Content
1. Any and all music, videos, photos, pictures, graphics, comments, and other content, data or information that USER uploads, stores, transmits or submits to MY BAND MARKET's Website (hereinafter "Content") are generated by the USER, but not by MY BAND MARKET. USER's Content therefore remains in USER's sole property and responsibility.
2. MY BAND MARKET does not claim any ownership rights in any Content and other materials which USER uploads, posts, stores or exchanges through MY BAND MARKET's Website and Services.
3. USER hereby expressly acknowledges and agrees that USER him-/herself, and not MY BAND MARKET, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through MY BAND MARKET's Website or Services.
4. USER acknowledges that Content uploaded to, or transmitted through MY BAND MARKET's Website or Services may be protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. USER must not upload, display, send, transmit or otherwise make available any Content in which USER does not have the appropriate rights to do so. Unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works by USER may constitute an infringement of the copyright holders' rights and may result in civil litigation and criminal prosecution.
Representations and Warranties
USER represents and warrants to MY BAND MARKET that:
1. USER's Content shall be true, accurate, current, complete and not misleading;
2. USER's Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
3. USER's Content shall not create any liability for MY BAND MARKET or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
4. USER's Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorize MY BAND MARKET to use, any and all copyrights, performance rights or other intellectual property rights in and to USER's Content in order to use the Content on MY BAND MARKET's Website and Services;
5. USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on MY BAND MARKET's Website and Services.
No Liability for Content
1. USER acknowledges that MY BAND MARKET, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that MY BAND MARKET, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS' activities.
2. USER acknowledges and agrees that MY BAND MARKET cannot and does not generally review the Content created or uploaded by USER. USER acknowledges and agrees that MY BAND MARKET and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Content.
3. MY BAND MARKET and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of MY BAND MARKET's Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
4. MY BAND MARKET reserves the right to block, remove or delete any Content, communications, postings, and/or other data or information if MY BAND MARKET, in its own sole and unfettered discretion, has reason to believe that such Content and/or other data or information may infringe the rights of a third party, and in particular if MY BAND MARKET deems such Content and/or other data to be
I. misleading, fraudulent, or deceptive; or
II. defamatory, abusive, or obscene; or
III. possibly in violation of a copyright, trademark, patent, trade secret, or other intellectual property right; or
IV. possibly in violation of any applicable law or regulation; or
V. otherwise unacceptable.
5. MY BAND MARKET will terminate a user's access to its Services if, under appropriate circumstances, the user is determined to be a repeat infringer. A user is considered a repeat infringer if MY BAND MARKET receives more than three (3) legitimate infringement notices for such user's account or in any other reasonable case.
Grant of License
MY BAND MARKET does not have any ownership rights in USER's Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to the limited license MY BAND MARKET requires so that it can perform the Service for its users:
1. By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants MY BAND MARKET and its successors and assigns and other users of the MY BAND MARKET Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER's Content available to other users of MY BAND MARKET's Website and Services.
2. This license does not grant MY BAND MARKET the right to sell USER's Content or otherwise distribute it outside of MY BAND MARKET's Website or Services, provided however, that streaming of Content on third party Websites via embedded widgets or similar tools ("Linked Services") shall not be deemed a distribution outside of MY BAND MARKET's Website or Service.
3. USER may set further restrictions to the licenses granted under Subsections 1 to 3 of this Section at any time in the track settings, including but not limited to the restriction of the distribution of Content via Linked Services, or by marking Content "private".
4. The license granted under Subsections 1 to 3 will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content is distributed to a Linked Service, MY BAND MARKET is not obligated to delete or ask other users or a Linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.
USER agrees to indemnify, defend and hold harmless MY BAND MARKET, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
3. any activity related to USER's account, be it by USER him-/herself, or by any other person accessing USER's account.
No Liability for Links, Third Party Websites and Services
1. MY BAND MARKET's Website and Services may contain features and functionalities that may link USER to, or provide USER with certain functionalities and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter "External Websites").
2. MY BAND MARKET does not have any control over those External Websites, and is not responsible for their content or their use. By linking to an External Website, MY BAND MARKET does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
3. USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
4. MY BAND MARKET disclaims any responsibility for any harm resulting from USER's accessing External Websites, and USER irrevocably waives any claim against MY BAND MARKET with respect to such sites and third-party content.
Waiver of Claims
USER irrevocably waives the right to assert any claim against MY BAND MARKET or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on MY BAND MARKET's Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.
Procedure in Case of Alleged Rights Infringements
1. MY BAND MARKET encourages USER to notify MY BAND MARKET of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable.
2. In case USER believes that his/her Content has been used by other users of MY BAND MARKET's Website in a way that constitutes copyright infringement, or a violation of other intellectual property rights, please flag the Content you think is infringing using the "Alert this profile" button on each artist profile and provide MY BAND MARKET with the following information in writing via email to email@example.com.
I. a specific description of the relevant work protected by copyright or other intellectual property right (hereinafter the "Work"), and where the Work is located on MY BAND MARKET;
II. comprehensive evidence that USER claiming the infringement is the owner of the Work and all copyrights or intellectual property rights in and to the Work, or alternately, that USER is fully authorized to act on behalf of the owner of the Work and all related rights;
III. a detailed explanation of the facts and circumstances that constitute the alleged copyright infringement or violation of other intellectual property right; and IV. USER's full name, postal address, telephone number and email address.
3. Upon receipt of such notification and all required information and materials, MY BAND MARKET will examine the case, will contact the USER in due course, and will, in its sole discretion, determine if and (if so) what action to take in response to each such notification.
Data Protection, Privacy and Security
1. MY BAND MARKET complies with the applicable data protection laws and regulations and uses all commercially viable measures to protect the confidentiality and security of communications transmitted via MY BAND MARKET's Website and Services and information stored on servers controlled by MY BAND MARKET.
2. USER shall under no circumstances
I. violate or attempt to violate the data security of MY BAND MARKET;
II. access data or materials which are not intended for USER;
III. log into a server or account which USER is not authorized to access;
IV. attempt to probe, scan or test the vulnerability of MY BAND MARKET's servers, system or network or to breach data security or authentication measures of MY BAND MARKET
V. attempt to interfere with MY BAND MARKET's service to any user, host or network, by any means including, without limitation, hacking MY BAND MARKET's servers or systems, submitting a virus, overloading, "mail-bombing", "flooding" or "crashing", or by means of using electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on MY BAND MARKET's Website or Services, regardless of the purpose and/or technical configuration of such electronic tools.
3. USER's violation of system or network security may result in civil procedures and/or criminal prosecution. MY BAND MARKET reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting any users who have participated in such violations.
MY BAND MARKET offers a platform for users to organize and attend face-to-face meetings at venues all over the planet ("Meetups"). However, MY BAND MARKET does not sponsor, oversee or in any way control such Meetups. USER understands and agrees that USER's organize and participate in Meetups at own risk and MY BAND MARKET does not bear any responsibility or liability for the actions of any MY BAND MARKET users or any third parties who organize, attend or are otherwise involved in any Meetups.
MY BAND MARKET may run, host or support competitions, promotions, prize draws and other opportunities on the Website or in its Services and these opportunities will be subject to separate terms and conditions of the organizer of such opportunities. Details of the specific competition, promotion, prize draw and/or other opportunity and a link to the applicable terms and conditions will be posted on the Website. It is your responsibility to read those terms and conditions for details and any eligibility requirements. MY BAND MARKET does not bear any responsibility or liability for the actions of any third parties who organize or are otherwise involved in any of these opportunities.
Changes of Website and Services
1. MY BAND MARKET may change or modify the products, services and functionalities of the Website and/or Services at any time without notice.
2. USER agrees that MY BAND MARKET and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER's possibility to use or access MY BAND MARKET's Website and/or Services.
Termination of Website and Services
1. MY BAND MARKET reserves the right at any time to suspend, discontinue, terminate or close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.
2. USER agrees that, MY BAND MARKET and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any suspension, discontinuance, termination or close down of the Website and/or Services and/or USER's possibility to use or access MY BAND MARKET's Website and/or Services.
Assignment of Rights and Duties to Third Parties
Applicable Law and Juridiction1. The legal relationship between MY BAND MARKET and USER shall be subject to the French laws.
This Agreement constitutes the entire agreement between MY BAND MARKET and USER with respect to MY BAND MARKET's Website and Services, and supersedes any prior agreement between MY BAND MARKET and USER.
Date: August 24, 2011