The commercial name PLAY BACK SUR MESURE and the website Mybackingtrack.com are the property of the company PLAY BACK SUR MESURE, whose sole proprietor is Mr Eric MILLER, whose head office is located at Chemin de Coupier, 26740 SAVASSE (France).
These current general conditions govern the conditions in which the company PLAY BACK SUR MESURE, hereinafter referred to as « THE EDITOR », allows the user, hereinafter referred to as « THE USER » or the internaut, in return for payment, a production service / edition offering musical compositions, arranged, produced and/or edited by PLAY BACK SUR MESURE consisting of:
In the main part of the present contract the word « phonograms » is understood as follows: « Any setting allowing the reproduction of sound, consisting of productions of backing tracks, music tracks and synchronisations, sound effects, jingles, original compositions, sound-design, by any means, known or hereafter devised, mechanical, magnetic, acoustic, digital, optical or other. »
Hereinafter referred to as the « work(s) »
The services designated below, will be called, for convenience, either « THE SERVICE » or « the services ».
Article 1: ACCEPTANCE OF GENERAL CONDITIONS
THE SERVICE is offered to THE USER, subject to agreement without exception of the current General Conditions.
THE USER acknowledges, therefore, to have read the current General Conditions.
The fact that THE USER subscribes to a service by clicking on the icon allowing access to the aforesaid element (mybackingtrack, arrangements, musical productions, musical composition), results in a contract with THE EDITOR.
THE EDITOR reserves the possibility to modify, at any time, in part or in full these current General Conditions. Therefore THE USER is recommended to review regularly the latest version of the General Conditions which are always available on this website.
THE USER is deemed to accept this latest version at each new connection to the Service. In the case of non-respect by the internaut of the current General Conditions, THE EDITOR reserves the right to refuse access to this Service.
Article 2: DESCRIPTION OF THE SERVICE AND RIGHTS GRANTED
The SERVICE allows the USER to acquire the works as described below (mybackingtrack productions, music tracks and synchronisations, sound effects, jingles, original compositions, sound-design), subject to THE USER carrying out the three principal determining obligations as listed below:
The user is granted a licence to use the work which is non-exchangeable and non-transferable.
The rights of use are personal. THE USER cannot transfer, sell or hire them unless prior to a contract with the EDITOR.
THE USER recognises that any violation of the present clause and any attack on the personal character of the aforesaid use, will lead to implication of responsibility.
Personal use of the work however remains unlimited in time.
The work acquired by THE USER can be used on any support.
The utilisation of the work for promotional activities is authorised subject to a preliminary agreement in the form of a specific contract with THE EDITOR.
It is however forbidden, subject to the preliminary agreement of a specific contract with THE EDITOR, to offer any products for direct sale (and in whatever form : CDs, DVDs, downloads, or any other existing or future support).
Article 3: CONDITIONS OF USE AND REGULATIONS FOR USE OF THE SERVICE
Equipment and software requirements for use of the service
To use and access the service, THE USER must acquire Internet access preferably high speed (ADSL) and certain software purchased from the Internet service provider. The service PLAY BACK SUR MESURE is an independent service which offers its users access to the Internet. The company PLAY BACK SUR MESURE declines all responsibility in the case of failure of one of these access services, in the event where the aforesaid failure is the result of the product or service of PLAY BACK SUR MESURE.
Confidentiality, Personal Information and contents
The use of the service necessitates on the part of THE USER the registration of personal information. THE USER agrees to provide accurate, full and current, information and to keep up to date any modifications. For its part the service undertakes that the information provided is and will remain confidential and will be securely stored. The user also accepts that this personal information (including credit card details) is kept by the service for invoicing.
PLAY BACK SUR MESURE prohibits the publication of material whose content acts against government or government authority (inciting violence, discrimination in any form, racial discrimination, paedophile content, or other) and respecting the right of freedom of expression.
THE USER is responsible for the use of the works. THE USER cannot in any case associate the use of the service with a product or service which does not conform to current legislation (inciting violence, discrimination in any form, racial discrimination, paedophile content, or other) and not respecting current copyright laws.
Otherwise, this could lead PLAY BACK SUR MESURE and/or PLAY BACK SUR MESURE to refuse access to the service and, depending on the seriousness of the intentions or illegal conduct, to engage legal action against THE USER.
Article 4: USER OBLIGATIONS
THE USER undertakes to declare in writing to the French professional associations collecting payments of artists’ rights and redistributing them to the original authors, composers and publishers (SACEM/ SDRM or others) (in France and/or abroad) and to pay the aforesaid associations the current royalty-fees of any work adapted from an existing work.
THE USER also undertakes to make the necessary declarations as mentioned below to the same French and/or international professional associations (SACEM/ SDRM or others), for use of existing works abroad whatever the country of origin.
If THE USER wishes to commercialise the aforesaid works in the form of a private copy for sale and whatever the support, THE USER must draw up a contract for this purpose with PLAY BACK SUR MESURE.
Failing this THE USER will be liable to PLAY BACK SUR MESURE.
- Coming into effect of the authorisation of use: the right of diffusion and/or reproduction supplied by the company PLAY BACK SUR MESURE will not become effective until the settlement of the corresponding invoice. Consequently any use and diffusion whatsoever of a phonogram, before payment of copyright fees due to PLAY BACK SUR MESURE, will be likely to result in legal action against counterfeiting.
- In the case of productions or representations for public use, in accordance with previsions set out in the Intellectual Property Rights, THE USER undertakes to mention at the end of the production credits the titles and the names of authors of musical works, all videograms, documentaries, institutional films, long and short films, DVD, CD Rom, in particular, as well the name of the editor (PLAY BACK SUR MESURE) and any eventual phonographic labels reproducing the works.
- THE USER undertakes to respect the moral rights of the author and the performer and in particular, the rights of the producer and the editor, especially, the right to be mentioned. The titles of works synchronised in films and documentaries must be mentioned at the end of the production credits where there is a section provided to this effect.
Article 5: CONDITIONS FOR USE OF THE USER'S ACCOUNT
The use of the service PLAY BACK SUR MESURE requires the setting up of a user's account whose access requires personal information supplied by its owner.
THE USER is responsible for the maintaining his account, its movements and its security and undertakes to supply full, accurate information for the opening of the account and not to reveal this information to anyone nor use fraudulently the user account of another person.
In the case of fraudulent use of the account, THE USER must notify PLAY BACK SUR MESURE. However PLAY BACK SUR MESURE is not responsible for the aforesaid fraudulent use unless this latter is due to negligence on the part of the service of PLAY BACK SUR MESURE.
PLAY BACK SUR MESURE has established security systems allowing the use of the service. THE USER is held responsible in the case when there is any attempt to infringe implicitly or explicitly the security systems enabling the acquisition of products and services. In this case, PLAY BACK SUR MESURE will consider taking legal action in the case where it is proved there has been an intention to infringe the security systems.
Article 6: CONDITIONS FOR ACQUIRING PHONOGRAMS AND/OR RELATED ELEMENTS
The service complies with the legislation on copyright.
PLAY BACK SUR MESURE agrees to supply THE USER with the phonogram conforming to description.
The liability of PLAY BACK SUR MESURE stops when the entire delivery has been made and conforming to the description of the phonogram. PLAY BACK SUR MESURE declines all responsibility in the case of loss and/or deterioration occurring after the delivery of products ordered and/or downloaded.
Use of phonograms
Following the acquisition of phonograms THE USER becomes the holder of the rights to use works governed by French Law and for private use.
The specific nature of these products may necessitate the use of suitable material (MP3 player, or any other now known or hereafter devised).
However the use and acquisition of these tools is the responsibility of THE USER.
Any alteration in any form of the aforesaid works on the part of THE USER will be penalised and can result in legal action on the part of PLAY BACK SUR MESURE.
Article 7: TERRITORY
The service PLAY BACK SUR MESURE has no territorial limit when it concerns the acquisition of a product or a consultation of the information of the web site as it is accessible on the Internet or any other network. The service is visible by anyone accessing these networks anywhere in the world. Therefore the territory is: THE WHOLE WORLD.
Article 8: LIMITATION OF LIABILITY
The EDITOR has taken all reasonable efforts to maintain the SERVICE in an operational state. PLAY BACK SUR MESURE cannot be held responsible therefore for any malfunctions of the service. As such, the EDITOR cannot be held liable for any defects which may exist or damages arising from the use of the Service by the User, or due to the non availability of access.
The EDITOR cannot be held liable in any case for the eventual non-satisfaction of the work(s) by the USER.
If the present contract cannot be carried out in part or in full, in the case of force majeure, as set out in the legislation, that is to say, and not limited to : acts by civil or military authorities, fire, flood, earthquake, riots, war, acts of sabotage, network faults, coding errors in electronic files, software limitations or telecommunication services failure or government measures, PLAY BACK SUR MESURE will not be liable.
In all cases, PLAY BACK SUR MESURE is not liable for compensation, or damages in any form, over the sum paid out, if any, by THE USER , for services provided in this contract.
Article 9: REFERENCES TO MYBACKING TRACK
In accordance with the standard practices of the profession, subject to presentation regulations, and according to French Copyright law, PLAY BACK SUR MESURE can include the User’s name or trading names, producer, announcer and title of productions in its professional communications on the phonograms produced or edited by PLAY BACK SUR MESURE.
Article 10: APPLICABLE LAW ASSIGNMENT OF JURIDICTION
The present contract comes under the jurisdiction of French law.
Any dispute arising from the interpretation and/or the execution of any one of these General Conditions of Use and Sales. Failing the object of an attempt at an amicable settlement between the parties, the dispute will be submitted to the relevant Cour d’Appel in Paris in accordance with the laws of France.
The official language of this Agreement and all communications and documents relating hereto is the French language, and the French-language version shall govern all interpretation of the Agreement.