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Terms & Conditions

1. GENERAL

2. REQUIRED CONFIGURATION

In order to use the Application via a computer, a mobile phone, a tablet or any other mobile terminal; the User must have an appropriate Internet access, a telephone subscription allowing Internet access and / a mobile phone and / or a mobile terminal compatible with the Application such as: Computer, Smartphone (Iphone, Androids), tablet, wap connection, wifi and / or 3G / 4G on its telephone or mobile terminal.

3. USER ACCOUNT

3.1 The use of the Application does not require the creation and / or possession of an account from a music listening platform such as Soundcloud, Spotify or Deezer.
The use of the Application does not require the creation and / or possession of a Facebook account. Any User is authorized to hold only one User Account and only one Application can be installed on his or her mobile terminal.

The User warrants that the communicated data is accurate and conform to reality. He undertakes to inform the SoundR Company in case of modification of the data that he has communicated at the time of his registration and, if necessary, to carry out the said modifications himself in his personal space.

3.2 The User accepts and acknowledges that he is responsible for respecting the confidential and personal nature of the identifiers and passwords associated with his User Account. Consequently, the User agrees to be solely responsible to the SoundR Company for all acts performed from his User Account and for the protection of his password. If the User becomes aware of any unauthorized use of his password and / or his User Account, he agrees to inform the SoundR Company without delay by mail sent to the head office of the SoundR Company or by email at the following address: contact@soundr.fr

The Company is not obliged and does not have the technical means to ascertain the identity of the persons registering its Services.

La Société SoundR n'a pas pour obligation et ne dispose pas des moyens techniques de s'assurer de l'identité des personnes s'inscrivant à ses Services.

4. USE

4.1 The Application is currently available free of charge. However, the Application is scalable and, as a result, SoundR reserves the right to modify its pricing principle, pricing and / or purely and exclusively, without prior notice and for any reason whatsoever simply remove the Application.

4.2 The User acknowledges that the terms of the contract with his mobile operator and / or Internet service provider will continue to apply to the use of the Application. The User assumes all the expenses that may be claimed by the mobile operator and / or the Internet access provider related to the access to Internet, Wifi, wap and / or 3G connection services necessary for the Use of The Application.

4.3 The User may authorize geolocation. If the location service is enabled, the following pop-up alert appears: "Do you allow SoundR to use your location data? ". This message appears only once. If the User wishes to modify the geolocation settings, he will have to go in the parameters of the Application or in the "Settings / Geolocation" section of his operating system.

5. CONTENT PUBLICATION

5.1 The term "Content" means information and content that the User broadcasts, publishes and transmits voluntarily, privately or publicly, on the Application. The User is solely responsible for its use of the Application, the Content that it publishes on the Application, and any consequences thereof. In no event will SoundR Company be considered responsible for the Content created by the User..

5.2 The User retains his rights to all Contents that he submits, posts or publishes on or through the Application. By submitting, posting or posting Content on or through the Application, User grants SoundR a worldwide, non-exclusive, free license to use, copy, process, publish, transmit, Display and distribute these Content by any means and on any medium.

5.3 SoundR Company can not be liable for (and consequences of) the accuracy or inaccuracy of the information and content provided by other Users, and / or the User himself. Similarly, SoundR Company can not be held liable for any Content disseminated by a User that may violate the rights of one or more other Users or third parties and of which SoundR Company would provide proof that it would not have been Informed by a User or a third party or has not had actual and prior knowledge of it or that it would not have committed any fault in the performance of its contractual obligations.

The SoundR Company allows any User to inform him of any data (photograph, text, music), behavior or remarks of a User which he deems to infringe these Terms of Use, the laws and regulations in force, the image or the subject matter of the Services, the rights of a third party or morality.

Consequently, Users acknowledge and agree that the data they provide, as well as their behavior or comments via the Services, may be subject to reporting by other Users and moderation and / or of an audit by SoundR, on the basis of objective assessment criteria.

The Company may, at its own knowledge, object to the publication of any Content that manifestly does not comply with these Terms of Use or any legal provision.

In the event that this alert or control reveals the violation by a User of the laws and regulations in force or its contractual obligations, the provisions of the Conditions of Use, in particular the article "Termination" may be applied. Depending on the behavior or comments of the Users, SoundR can make the decision to block any new registration.

SoundR will not be liable, except in the event of certain and definitive proof of fault committed by SoundR Company. The SoundR Company shall not be liable for any direct or indirect damage suffered by the User, when the User is the cause of the damage or as a result of force majeure.

In the event that the Company's liability is sought for a breach by a User of its obligations under the law or these Terms of Use, the latter undertakes to guarantee the SoundR Company against Any conviction pronounced against him having its origin in the default attributed to the User.

5.4 During the use of the Application, the User agrees to:

  • Not to publish on the Application; pornographic contents or photos or content which infringes the modesty and the human dignity;
  • Respecting the privacy of the contents and conversations exchanged with other Users within the Application and prohibiting its distribution or disclosure;
  • Complying with applicable laws and regulations;
  • Not infringing intellectual property laws;
  • Not breaking public order;
  • Not to commit a defamation offense and more generally not to make offensive remarks, particularly racial or discriminatory remarks;
  • Not to incite violence or to defend war crimes or crimes against humanity;
  • Not breach the rules of propriety and remain correct to other Users;
  • Not disclose to other Users their login information, in particular their access passwords to their Account;
  • Not to advertise or incite of any kind whatsoever to use any other service, whether competing or not, and not to commit any offense involving unfair competition;
  • Not to impair, in any way whatsoever, the normal functioning of the Services and the infrastructures of the Application and thus not to post, indicate or disseminate in any form whatsoever information or content to disrupt, disrupt normal use of the Services, to interrupt and / or slow down the normal flow of communications between Users through the Services, such as software, viruses, logical bombs, mass mailing, etc.
  • SoundR reserves the right to delete messages that are sent massively by a User in order to preserve the normal use quality of the Services with other Users; Not posting, indicating, or disseminating in any form whatsoever information or content incorporating links to third party sites that are illegal, contrary to morality and / or not in conformity with the purpose of the Services.

6. AVAILABILITY OF THE APPLICATION

The SoundR Company will endeavor to ensure the availability of the Application 24/7. The SoundR Company is committed to do everything possible to ensure this service; This obligation constitutes an obligation of means and not of result.

Access to the Application may be interrupted, in particular during maintenance, upgrading or upgrading operations, emergency repairs, or as a result of circumstances beyond the control of the SoundR Company. SoundR undertakes to take all reasonable measures to limit such disturbances to the extent that they are attributable to it.

7. PERSONAL DATA

7.1 The data collected and subsequently processed by the SoundR Company are those that the User transmits voluntarily when synchronizing the Application with his Facebook account, his music streaming account or the creation of his User Account. The processing of personal data has been the subject of a normal declaration with the CNIL under number 1965188.

In accordance with the Data Protection Act of 6 January 1978 amended in 2004, the User has a right of access, rectification and opposition to personal data concerning him / her. All he can do is write on line at contact@soundr.fr or send a letter to the head office of the SoundR Company, with a proof of identity.

Information collected from Users is stored securely. The person responsible for collecting and processing these data is SoundR SAS. These data will be used by the SoundR Company for the purposes of the use of the Application and will not be communicated to third parties without prior authorization of the User.

7.2 Depending on the choices made during the creation of the User Account, the User may receive newsletters from the SoundR Company and / or its business partners. If the User no longer wishes to do so, he may at any time oppose it by sending an e-mail to the following address contact@soundr.fr or by mail at the head office of SoundR SAS.

7.3 Personal data relating to the User will be destroyed at the end of the legal deadlines or when they become irrelevant or at the express request of the User.

Each User may, by postal mail addressed to the head office of the SoundR Company or by filling in the contact form, taking care to indicate his personal identifiers, access or request access to the information concerning him to have them modified or deleted or To prohibit such use by the SoundR Company.

Each User may, at the time of registration or at any time thereafter, ask SoundR for free to receive or no longer receive information on the services offered by SoundR and / or the promotional offers sent to him by email And / or on its mobile by the SoundR Company and / or its partners in compliance with the law "Informatique et Libertés" n ° 78-17 of 6 January 1978 as amended.

The personal information collected by the Company for the services it offers may include name, surname, gender, date of birth, email, family situation, interests, professional life, IP address, User.

In addition, certain non-personal information may be collected such as the browser version of the User (Firefox, Chrome, Safari, Internet Explorer, etc.), type of operating system used (Windows, Mac OS, etc.) , The IP address of the device used, or the detailed nature of the mobile device, namely the model of the mobile device and the version of its operating system (eg iOS version X).

SoundR has endeavored to put in place all technical and operational measures necessary to preserve the confidentiality and the security of the User's personal data processed and to prevent them from being altered, damaged, destroyed or Have access to it.

8. INTELLECTUAL PROPERTY

8.1 The Application and the contents of the Application are protected by the Intellectual Property Code as well as by all applicable international standards and are, unless otherwise stated, the exclusive property of SoundR or its partners.

The trademarks (including the SoundR trademark), logos, graphics, photographs, animations, videos and texts produced for the Application and the Services are the property of SoundR Company and may not be reproduced, used or represented without the express authorization of the Société SoundR or its partners, under penalty of prosecution..

SoundR grants the User a revocable, free, non-transferable, non-exclusive, worldwide license to use the Application in accordance with the Terms of Use.

User rights granted by the Company to the User are reserved for private and personal use within the framework of and for the duration of the subscription to the Services. Any other use by the User is prohibited without the authorization of the SoundR Company.

Users may not modify, copy, reproduce, download, distribute, transmit, commercially exploit and / or distribute in any way the Services, Content, Application pages, or computer codes of Elements of the Services and the Application.

Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of the Application and / or any of its elements, without the prior written permission of SoundR Company, would constitute an infringement on Civil and / or criminal proceedings.

8.2 The User grants to the SoundR Company a license to use the intellectual property rights attached to the Contents provided by the User in the context of their use of the Services. This license includes, in particular, the right of SoundR to reproduce, represent, adapt, translate, digitize, use for the purposes of the Services or sublicense User Content (information, images, search criteria, etc.) On all or part of the Services (on the Application, by e-mail) and / or generally on any electronic communication medium within the framework of the Services.

The User expressly authorizes the Company to modify the said Content in order to respect the graphic charter of the Services or other communication media referred to above and / or to make it compatible with its technical performances or the formats of the media concerned. These rights are granted worldwide and for the duration of the Terms of Use between the User and the SoundR Company. The User agrees not to copy, reproduce, or otherwise use the content relating to other Users other than for the strict requirements of the Services for personal and private use.

9. RESPONSIBILITY

9.1 Limitation of Liability

The SoundR Company endeavors to ensure, to the best of its ability, the relevance and the updating of the information published on the Application. SoundR reserves the right to modify, at any time and without notice, the content of the Application.

However, SoundR Company can not guarantee the accuracy, precision or exhaustiveness of the content available on the Application and invites the User to contact SoundR team for any question or suggestion of improvement via email to contact@soundr.fr

SoundR does not control all the risks in the use of the Internet and draws the attention of Users to the existence of potential risks inherent in the use of the Application.

The SoundR Company declines all responsibility:

  • For any interruption of the Application;
  • In the event of bugs, display errors or downloading on the Application;
  • For any inaccuracies or omissions in the content available on the Application;
  • For any damage resulting from fraudulent intrusion by a third party;
  • And more generally for all direct and indirect damages, whatever the causes or consequences, which may occur as a result of the access to the Application and resulting from the content coming directly or indirectly from the Application.

Moreover, the activity of the SoundR Company does not include the provision of access to the Internet or the provision of an electronic communication service to the public.

Since SoundR Company can not technically provide such services, SoundR does not undertake to contractually verify the identity of the Users or the veracity of the Content that they publish under their exclusive responsibility, nor to moderate the said Contents.

9.2 Hypertext links

The Application may include links to other websites or other Internet sources. SoundR does not have control over these sites and external sources. Consequently, SoundR can not be liable for the availability of these external sites and sources and disclaims all liability for the content, advertising, products, services and any other material available on them. Furthermore, SoundR can not be liable for any damage or loss, proven or alleged, arising out of or in connection with access, use or reliance on content, goods or services available on these sites or external sources.

SoundR is only responsible for the hypertext links it creates and has no control over the sites and external sources (sites or mobile applications of third parties, social networks, etc.) to which the hypertext links accessible on the websites are redirected. Services and that it would not have created (the "External Sites"). It can not be held responsible for the provision of links leading to External Sites and can not be held responsible for their content, advertisements, products, features, services or any other elements available on or from these External Sites Which had not been previously and effectively mentioned as manifestly unlawful, by means of a notification in accordance with the provisions of Article 6.I.5 of Act No. 2004-575 as in force in 1 January 2013.

Any difficulty relating to a link must be submitted to the administrator or the webmaster of the site in question. It is also recalled that the consultation and / or use of these sources and External Sites are governed by their own Terms of Use.

Finally, if, as part of a search carried out on the Sites, the result of the search led the User to point to sites, pages or forums whose title and / or contents constitute a violation of the right French, the User is invited to interrupt his consultation of the site concerned at the risk of seeing his liability incurred otherwise, that of the Société SoundR being excluded.

10. CHANGES

By accessing and using the Application, the User is deemed to have accepted unreservedly the Terms of Use of the SoundR Company.

SoundR reserves the right to make changes at any time it deems necessary and useful to these Terms of Use.

The features and / or characteristics of the Application and the related Services are scalable.

The Company reserves the right at any time to launch new services but also, without notice and in its sole discretion, to remove or modify all or part of the features, characteristics, sections and / or services of the Application.

11.TERMINATION

11.1 The User may request the termination of the Terms of Use and the deletion of his User Account at any time, without having to justify any reason, by simple e-mail sent to the following address: contact@soundr.fr or by mail sent to the head office of the SoundR Company.

11.2 SoundR Company may discretionarily terminate the use of the Application by a User subject to 24-hour notice.

SoundR reserves the right to take all necessary measures, including the termination of a User Account, without having to give reasons, notices, formalities or indemnities to the User in the event of a decision, force majeure events, any breach of these Conditions of Use or in case of suspicion of fraud. Such termination shall be without prejudice to any damages that may be claimed by the SoundR Company for damages suffered as a result of such breaches.

11.3 At the time of any termination, the rights and licenses granted to the User will be terminated and the User must cease all use of the Application. The User shall not be entitled to any compensation.

12. SEVERABILITY

These Terms of Use constitute a contract governing the relationship between the User and the SoundR Company . They amend all the previous provisions not expressly mentioned or annexed and constitute the entire rights and obligations of the SoundR Company and the User relating to their object.

If one or more stipulations in the Terms of Use were declared void under a law, regulation or as a result of a final decision of a court of competent jurisdiction, the other provisions shall retain their full force and effect, to the extent permitted by that decision. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.

13. GOVERNING LAW AND LITIGATION

14. CONCEPTION

15. HEBERGEMENT