Statement imposed by the law on confidence in the digital economy and purpose of the present site.
The present site is edited by the company "Music Media Tracks", registered at the Trade and Corporate Register of BOURG EN BRESSE under the number 524 771 524, 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 OVH: Online Outsourcing (Mauritius) Limited, 8 Buswell Avenue, Quatre-Bornes, Mauritius
The present site is an online sale service for music illustration for private and professional use, for issuing usage license, production of on-hold messages, voice/music mixes or customised musical pieces.
The present general sales terms and conditions are intended to govern the on line operation of sale of musical files. Said operations are subject to approval of the present sales terms and conditions by the users. 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
The other services are governed by specific general sales terms and conditions that the clients must accept at the time of placing their order. Therefore, the specific terms and conditions of sale are available for consultation for web radio service subscriptions, for the affiliation programme subscriptions as well as for ordering of call holding messages, website soundtracks or multimedia project soundtracks.
At the time of ordering a musical file, 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 this 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. Once the order is validated and accepted by the seller, a usage license shall be included with the delivery of the work, detailing the rights acquired by the buyer on the work and restating the present general terms and conditions.
The editor certifies that it is full owner of the exploitation rights of the works offered for sale on the present site. Said works have not been the object of registration with any copyright collecting agencies 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.
I. Sale of musical work
The present site offers a certain number of original musical works for sale, the rights of which belong to the site editor, available on the site.
The purchase of a work on the site may, depending on the buyer's intended use, be accompanied by a type 1, 2, 3 or 4 license, according to whether the buyer wished to broadcast it and depending on the broadcast media, or copy it and depending on the platform and quantity of copies.
Music Media does not guarantee any exclusivity of any kind whatsoever to the Client to the works acquired on the present site and on the rights which are bound thereto.
II. Price, subscription methods, delivery of works and guarantee
The price of the works offered for sale on the site are established unilaterally by the editor, are understood to be without taxes and are indicated on the present site.
The price of the works includes access and download of the file as well as a type 1 license. Buyers wishing to broadcast or reproduce the purchased work in amounts which exceed those defined for the type 1 license must concurrently pay licenses 2, 3 or 4 depending on their objectives.
The buyer or member wishing to purchase a work must pay the amount of the service beforehand, either by secured payment using his bank card, 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 delivery of the works which were ordered shall be carried out within a maximum period of three business days*. Said services shall thus be attached to the connection identifiers of the subscriber.
*CET: Central European Time.
The delivery is carried out by download. An e-mail is sent to the address provided by the client at the time of his registration, after full payment of all prices including all taxes by the Client. Said e-mail constitutes our acceptance of your order and therewith makes up the sale contract between Music Media and the Client. A user licence describing the commitments of both parties to you is attached to said e-mail. Said e-mail also contains a link to a download page where the order will be available under the heading "my account".
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.
All of the works created by the editor of the present site shall be subject to special care during its production. However, if the latter considers that the file is affected by a defect or a malfunction, he shall be well grounded in demanding either the reimbursement, or the replacement thereof, within a 10 day period as of delivery of the product. Said request must be made by e-mail or by post, and sent to the registered office of the editing company.
III. Licenses on the productions offered for sale
The license shall be agreed to for the legal duration of the copyright according to French legislation.
The present site offers acquisition of four types of licenses, pertaining to the works that it offers for sale. Each of the four licenses is described below. The type 1 license is considered to be acquired with the basic work; it is thus included in the sale price of the work.
Licenses 2, 3 and 4 are made up of services whose price is determined exclusively on quotation.
It is understood that licenses assigned by the editor of the present site may only apply to works whose sale it offers on the present site or any other platform that it owns.
The license 1 is a reproduction and broadcast license
Catalogue price: € 0 to € 15 (taxes not included), €0 to € 17,94 (taxes included) depending on the file
Platforms: Internet site (limited to the sites whose traffic does not exceed 1,000,000 visits per month), PowerPoint slide show, video and company film, USB key.
Call holding message soundtracks: license limited to 10 lines with sound installed per company.
Broadcasting: All broadcasting other than TV, radio and public venues. Broadcasting within a company is authorised.
Copying: CDroms, DVD, USB key: reproduction on up to 500 media
Duration: The license has no time limit.
Range: The license pertains to a single project.
Free loops: a link to our site is required
We authorise hosting your project on video sharing sites such as Youtube, Dailymotion, Metacafe, Vimeo, Hdshare.
We authorise the publication of your project on social networks (Limited to pages with traffic below 1 000 000 visits per month).
License 2 (contact us)
License 2 is a reproduction license.
* License 2. 1 for 501 to 1000 copies: € 40 (taxes not included) -€ 13,15 (taxes included)
* License 2. 2 for 1001 to 5000 copies: € 80 (taxes not included)-€ 95,6 (taxes included)
* License 2. 3 for 5001 to 10000 copies: € 100 (taxes not included)-€ 119,6 (taxes included)
* License 2. 4 for 10001 to 50000 copies: € 150 (taxes not included)-€ 179,4 (taxes included)
* License 2. 0.5 for 50001 to 100000 copies: € 250 (taxes not included)-€ 299 (taxes included)
* License 2. 6 for 100000 to 500000 copies: € 400 (taxes not included)-€ 478,4 (taxes included)
* License 2. 7 for an unlimited number of copies: € 600 (taxes not included)-€ 717,6 (taxes included)
All media: Power Point and flash presentation, corporate video and film, USB key, documentary, feature length films, short films.
Broadcasting: For any and all broadcasting, the licensee must hold a type 3 or 4 license which corresponds to his project.
Range: The license is issued for a single project.
License 3 (contact us)
License 3 is a broadcast license. Prices without VAT
Platforms: Power Point and flash presentation, corporate video and film, USB key, documentary, feature length films, short films (Excluding advertising and show credits and television fiction and radio)
Broadcasting: public places (one license per public place).
Price: € 60 (taxes not included)
TV and radio: please contact us
Copying: The licensee must hold a type 2 license which corresponds to his project for any and all reproduction.
Range: This license is per specific project and is not transferable to any other project.
License 4 (contact us)
License 4 is a broadcast license.
Platforms: All media: feature length films, advertising, all show credits and television fiction and radio.
Broadcasting and price:
* License 4. 1 Local: € 60 taxes not included, € 71,76 (taxes included)
* License 4. 2 National: € 300 taxes not included, € 358,8 (taxes included)
* License 4. 3 International: € 1000 taxes not included, € 1196 (taxes included)
Copying: The licensee must hold a type 2 license which corresponds to his project for any and all reproduction.
Range: The license is issued for a single project.
IV. obligations of members bound to the editor hereby
The buyers 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):
- any and all infringement or tentative to infringe on the general terms and conditions of the present site, any and all use contrary to public order and accepted standards of behaviour,
- any and all infringement on third party rights
- Providing false contact information and a false identity at the time of registration shall be subject to warning sent by the editor.
- Non-respect of the intellectual property rights pertaining to the present site, of which its editor is the beneficiary.
- Disclosing one's connection identifier and password to third parties, regardless of their status.
May give rise to sanctions which may include the pure and simple deletion of the client or member account, 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: firstname.lastname@example.org, 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.
V. Exemption of the editor's liability within the scope of execution hereof
Neither Music Media nor any other individual implicated in the distribution of works proposed by Music Media may be held liable for loss suffered by the licensee due to reception, use or the inability to use said works.
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: email@example.com, and accessible by telephone, from nine a.m. to six p.m., from Monday to Friday, at the following number: 33(0)437270146. 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 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, then no claim may be sent by the Client against Music Media.
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.
VI. Notices relative to the Law on Information Storage and Freedom of 6 January 1978
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: firstname.lastname@example.org
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.
VII. Intellectual property rights on the elements of the present site
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.
VIII. Miscellaneous provisions
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 BOURG EN BRESSE.
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.