Please read carefully the present General Conditions of Use.
This website (the « Website ») is edited by Play On, a simplified joint-stock company with a capital of 10,000 Euros registered at the Paris Register of Businesses and Companies under number 488124819, which head office is located 110 Boulevard Jean Jaurès, 92100 Boulogne-Billancourt and which Company’s tax ID number is FR01488124819 (hereinafter« Play On », « Us», « Our», « Ours »). The Publication Director of the Website is Sébastien Duclos. The company’s phone number is +33 1 84 19 01 43.
The Website is hosted by the OVH company, the registered offices of which are located 2 rue Kellermann 59100 Roubaix, France and which phone number is +33 899 701 761.
The Website provides its users with an access to contents related to Play On and Zaz (« Artist ») and in particular to music content, pictures, discussion forums, games, texts, data and other similar contents. All contents and services provided on the Website are hereinafter referred to as « Services ».
Your use of the Website is governed by the present General Conditions of Use regardless of the means by which you access the Website (via internet, a Wireless Access Protocol (WAP) network, a mobile network or any other network type).
The present General Conditions of Use govern your relationship with Play On.
The Website may include third-party applications (as defined in section 12 below). Your use of the latter applications is governed by additional conditions which are not included in the present General Conditions of Use and are made available by their suppliers.
We reserve the right to modify the present General Conditions of Use. These modifications will be effective as soon as they are published on the Website.
You can determine the date of the lasted update of the present General Conditions of Use by referring to the « last updated » legend at the top of this page.
Once these updates published on the Website, your use of the Website constitutes acceptance of the updated General Conditions of Use.
ARTICLE 2 - TERRITORY
The Website may be unavailable in some countries.
You are responsible for your use of the Website. You agree to comply with all local laws and rules. We reserve the right to restrict the access to part of Website or the entire Website to any individual, any geographical area at any time and our sole discretion.
ARTICLE 3 - INFORMATION PROVIDED
You declare that all information supplied on the Website is accurate and correct and you agree to update this data regularly.
ARTICLE 4 - USAGE RULES
By accessing the Website or by using the latter, you agree to comply with all current legislations and laws of third parties. You specifically agree to comply with the following rules (« Usage Rules »):
You agree not to:
- Display, transmit, upload online through the Website:
- One or more contents that are indecent, pornographic, degrading, libellous, fraudulent, obscene, threatening, harassing or inciting to racial hatred.
- One or more contents that promote gambling or encourage illicit activities interfering with the right of ownership such as « piracy », the unauthorised access to the information system («cracking») or «phreaking» or more generally that are reprehensible by law.
- One or more contents that contain a virus, a hidden message, a spyware or any other element that is harmful, misleading or aimed at observing the activity of an information system, a software or an equipment.
- Spam messages (unsolicited commercial communication by electronic mail) or messages promoting trade practices such as pyramid sales.
- Confidential non-public information related to a company without the explicit approval of the legal representative of the latter.
- Use the Website in a manner contrary to the current legislations.
- Use the Website to libel, harass, threaten or violate the rights of another user of the Website, including but not limited to rights regarding the protection of personal data, privacy and freedom of expression.
- Impersonate any individual or entity (including Play On and its affiliates) or falsely present yourself as linked to another individual or entity.
- Impede the smooth functioning of the Website or its access by modifying the network or/and proxy settings or by violating procedures or rules of use regarding networks in general.
- Restrict or prevent a third party to use or enjoy the Website or all or part of the Services.
- Replicate, duplicate, copy, sell, resell or exploit commercially all or part of the Website.
- Use the Website to promote products and services without our prior consent.
- Modify, adapt, translate, decompile or disassemble all or part of the Website except as authorised by applicable laws.
- Remove any information relating to copyright or any other element of the Website (text, picture, audio among others).
- Duplicate or reproduce using framing all or part of the Website.
- Create a database in order to download and systematically save all or part of the Website.
- Use a search engine spider or robot, a site aspirator or any other manual or automatic device allowing to extract, index the Website data or to reproduce or hijack the navigation structure or the Website presentation without our prior consent.
We reserve the right to terminate your use of the Website if you fail to comply with the present conditions.
ARTICLE 5 - REGISTRATIONS
You may be asked to create an account to be able to use some part(s) of the Website. We reserve the right to deny or require the amendment of any user name, password or any other information supplied at the time of registration. The user name and the password are destined for your strictly personal use. You are liable for any use of your user name and password and you agree to inform us of any fraudulent use of your account on the Website as soon as it comes to your attention.
ARTICLE 6 - USER CONTENT
- General provisions : The Website may contain areas where you may post your own content, including but not limited to texts, pictures, images, graphics, music, videos, broadcasting, data, files, links and other contents (hereinafter « User Content »). You shall hold the ownership of the User Content posted by you as stipulated in the present General Conditions of Use (including licensing, in the section 6 (B) below).
- Authorisation : For any User Content put online by You on the Website , You authorise Us (and Our affiliates) on a non-exclusive and transferable basis, for as long as the rights shall enjoy legal protection, ex gratia, for the entire world to : (i) reproduce, distribute, transmit, make publicly available, publicly communicate, represent, post (publicly or not), edit, modify, adapt or create derivative works from the User Content, on any medium and in any format, including on mediums and in formats that are yet unknown or that we will develop on the Website or relating to the Website or on any similar service or product edited or commercialised by one of Our affiliates (websites, mobile or PC applications, « widget » or programming interface); these services and products being hereinafter referred to as « Services relating to the Website »; (ii) use any brand, advertisement relating to the User Content ; (iii) use your name, pictures or portrait reproducing your image, voice, appearance and biographical information provided in relation with your User Content, for promotional purposes for the Website or its Related Services and referring in any case to your User Content; (iv) use Your User Content for promotional purposes relating to the Website, its related Services, and to the artists; (v) sub-license the rights presented in the sections (i), (ii), (ii), (iv) to one or more Third Parties without this sub-license involving a new remuneration.
This licence cannot be extended as an authorization to incorporate in Your User Content belonging to Our company, Our Parent Company, Our affiliates, Artists and Our suppliers.
IF YOU DO NOT WISH TO GRANT THE RIGHTS REFERRED TO IN THE PRESENT ARTICLE 6, WE INVITE YOU NOT TO PUT ONLINE ANY USER CONTENT ON THE WEBSITE.
- Limitation of liability : It can be possible that users of the Website post partial or incorrect information or User Content infringing the present conditions. We, Our affiliates, licensors and suppliers shall not be held liable for User Contents displayed on the Website or through the latter. User Contents are deemed to be non-confidential and we may use them (i) without a confidentiality agreement, and (ii) without this information being allocated to You or to a Third Party. We reserve the right to restrain the number and size of any User Content displayed online through the Website or the storage space reserved for this content.
- User statement : By agreeing to the present conditions you state that you have no expectation of any remuneration for the use or the exploitation of your User Content by Play On (including, without limitation, Our suppliers, Our affiliates, Artists and their respective representatives) within the limits of the rights granted by the present General Conditions of Use and/or the applicable laws.
- Guarantees : By agreeing to the present General Conditions of Use, you guarantee that :
- You have the legal capacity necessary to accept the present conditions; and
- You are the sole right holder of the User Content you publish online through the Website or you are at least the holder of necessary rights to grant the licences specified in the present conditions and you obtained all explicit permission from eventual legal successors; and
- You have obtained, from any identifiable person whose name is incorporated in your User Content, the written authorisation necessary to use and exploit his/her name in a manner that is consistent with the present conditions. If the identifiable person is a minor, you guarantee that you have obtained the written authorisation of his/her parents or of the person exercising parental authority over him/her and you commit to provide Us this authorisation at any time and on Our request; and
- Your User Content as well as its use by Us, Our affiliates or persons appointed for this purpose (including, without limitation, Our artists, suppliers and their respective representatives and the suppliers of Our affiliates) does not affect brands, licences, trade secrets, copyrights or any other right hold by a Third Party; and
- The User Content you post online is not confidential and does not contain any confidential information.
By putting Your user content online:
- You respected applicable laws and rules (including, without limitation, the present conditions).
- You did not violate any obligation, agreement or engagement that You committed Yourself to (including any agreement with a Third Party).
- Waiver, additional guarantees and compensation:
Within the limits provided by law, You waive any claim or procedure of any kind against Play On, its affiliates, artists and their licensors and suppliers. You undertake not to render Play On, its Parent Company, its affiliates, artists and their licensors, representatives and suppliers, liable for any reason related to the use of User Content in accordance the rights granted to the present article 6.
You commit, on Our request, to take all measures We judge necessary and We recommend in order to allow Us to execute the present conditions and in particular the rights granted on the User Content.
Without prejudice of the other provisions, You undertake to compensate Play On, its affiliates, artist and their representative and suppliers under the condition specified in the present conditions, including the article 16 below.
- Obligation of use :
For clarification purposes, We reserve the right to use or not to use one or more rights which are not granted in accordance with the present conditions. The present conditions conform no obligation to use the User Content against Play On, its affiliates, artists and their representatives and suppliers.
ARTICLE 7 - UNSOLLICITED PROPOSALS
Notwithstanding anything to the contrary herein, we are not obliged to consider or to take into account any proposal, suggestion, idea or remark (« Unsolicited Proposals »), regardless of its subject (the Website, Services, products or otherwise). Unsolicited Proposals are not being dealt with as confidential proposals. We reserve the right to use Unsolicited Proposals in our sole discretion and without you being untitled to claim for any remuneration or compensation of any kind.
ARTICLE 8 - MONITORING
Play On disclaims any obligation to monitor the contents of which she is the host in accordance with Article 6.1.2 of Law No. 2004-575 of June 21, 2004, regarding Confidence in the Digital Economy. We may have to:
- Monitor and evaluate a User Content after his appearance of the Website.
- Ensure that you have obtained all the necessary rights, agreements and authorisations regarding your User Content in accordance with the present General Conditions of Use.
- Deny or remove any User Content at any time for any reason (including but not limited to the event, if we so determine, in our sole discretion, where you did not obtain all the rights, agreements and authorisations necessary despite your declarations).
If you are aware of any illicit, offensive or reprehensible content on the Website (with the exception of contents infringing copyrights which are dealt with in Article 22 below), please contact us at [email protected] indicating your name, address, a description of the illicit content and the URL or the exact location of the content.
ARTICLE 9 - PURCHASES AND PRODUCTS
If a Transaction or a Product is subjected to specific conditions conflicting with the present General Conditions of Use or with the Terms and Conditions, the specific conditions of the Transaction or of the Product will apply. References to Products on the Products on the Website do not imply Our support and/or approval of them.
ARTICLE 10 - PROMOTION RULES
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
We, Our affiliates and/or Our licensors and suppliers own all of the contents we make available for the Website’s Users. These contents are protected by copyright, trademark right, patent right or any other current legislation.
You agree not to reproduce, modify, rent, borrow, sell, distribute or create derivative works based on all or part of the Website or any other content made available through the Website, except with Our explicit prior authorisation.
We own some trade names and brand names on the Website including but not limited to Play On. Moreover, the Website can contain protected trade names and brand names belonging to third parties. These protected elements remain the property of their respective right holders.
No mention on the Website should be construed as granting any licence or right to use a trade name, a brand name or any other protected element without the explicit prior consent of right holder.
PLEASE NOTE THAT THE UNAUTHORIZED USE OF PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF THE SERVICE SOFTWARE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY (INCLUDING, WITHOUT LIMITATION, A DAMAGE COMPENSATION).
ARTICLE 12 - THIRD PARTY APPLICATIONS
The Website may contain software and services (or links referring to them) edited by third parties and made available by our suppliers (hereinafter « Third Party Applications »).
Since we do not have control over Third Party Applications, We, Our affiliates, artists and representatives shall not be responsible for a Third Party Application including, without limitation, the execution, the exactitude, the quality, the legality, the utility, the safety or the intellectual property rights of the Third Party Application or its use.
We are not obliged to monitor the Third Party Application and we reserve the right to remove or to restraint the access, in our sole discretion, to all or part of the Third Party Application from the Website.
The present conditions do not establish a legal relationship between you and the supplier of the Third Party Application. No mention in the present conditions may be construed as a warranty on Our part or on the part of Our parent company, subsidiaries, affiliates, artists or their Third Party Application representatives.
ARTICLE 13 - THIRD PARTY CONTENTS
The Website may integrate certain functions facilitating access to contents provided by third parties (Third Party Contents).
Since we do not have control over Third Party Contents, We, Our affiliates, artists and representatives shall not be responsible for a Third Party Content, including, without limitation, the execution, the exactitude, the quality, the legality, the utility, the safety or the intellectual property rights of the Third Party Content or its use.
We are not obliged to monitor the Third Party Content and we reserve the right to remove or to restraint the access, in our sole discretion, to all or part of the Third Party Content from the Website.
The present conditions do not establish a legal relationship between you and the supplier of the Third Party Content. No mention in the present conditions may be construed as a warranty on Our part or on the part of Our parent company, subsidiaries, affiliates, artists or their Third Party Content representatives.
ARTICLE 14 - LINKS AND FLOWS
The Website may contain links to external websites and/or information flows coming from other websites. These external websites were not approved by Us. External websites can contain links towards the Website with or without Our consent. We reserve the right to block any link towards the Website or from the latter.
YOU ARE ENTIRELY RESPONSIBLE FOR YOU USE OF AN EXTERNAL WEBSITE. WE CAN NOT BE HELD RESPONSIBLE FOR SUCH USE.
ARTICLE 15 - LIMITATION OF LIABILITY
WE GIVE NO WARRANTY AS TO THIRD PARTY CONTENTS AND APPLICATIONS PRESENT ON THE WEBSITE. FURTHERMORE, WE CAN NOT ENSURE THE COMPATIBILITY OF AN APPLICATION WITH THE WEBSITE AND WE SUGGEST YOU TO DERTERMINE COMPATIBILITY IN ADVANCE.
YOU REMAIN SOLELY RESPONSIBLE FOR (A) RETRIEVING THE SOFTWARE, HARDWARE AND/OR ANY OTHER ELEMENT (INCLUDING THE INTERNET CONNEXION) NECESSARY TO USE THE WEBSITE, (B) ENSURING THAT THE SOFTWARE, HARDWARE AND SERVICE YOU ARE USING IS COMPATIBLE WITH THE WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR THE RISK ASSESSMENT RELATED TO THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE EXACTITUDE, THE INTEGRITY OR THE UTILITY OF THIRD PARTY APPLICATIONS AND OF ALL THE AVAILABLE CONTENT ON THE WEBSITE.
Play On, ITS AFFILIATES, SUPPLIERS AND ARTISTS AS WELL AS THEIR RESPECTIVE REPRESENTATIVES (THE « COMPANIES ») SHALL NOT BE RESPONSIBLE FOR INDIRECT DAMAGE, ANY DIRECT OR INDIRECT LOSS OF PROFIT, CUSTOMER, DATA OR THE UNCERTAINTY OF THE INFORMATION YOU PROVIDED AS PART OF YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, WHEN USING OR RECEIVING CONTENT FROM A THIRD PARTY APPLICATION OR CONTENT) OR THE UNAUTHORIZED INTERCEPTION OF THIS INFORMATION BY THIRD PARTIES.
We put our best efforts in maintaining the safety of Our Website. Nevertheless, we cannot guarantee the safety of the Website, Third Party Content or Third Party Applications. Furthermore, we do not guarantee uninterrupted operation of the Website or Third Party Applications. The Website and/or Third Party Applications may be subject to unauthorised change by Third Parties. If you become aware of such change, We encourage you to notify Us by sending an email to [email protected] stating the nature of this change and its exact location on the Website (URL).
ARTICLE 16 - COMPENSATION
Within the terms of the applicable law, you agree to defend, indemnify and guarantee Play On, its affiliates, their respective representatives, licensors and suppliers (the « Indemnified Parties») against any claim, action, legal proceeding as well as any loss, responsibilities, damage, cost and expense (including attorney fees) resulting from:
- Your use or activity with respect to the Website;
- Any non-compliance with the present General Conditions of Use on Your behalf;
- Claims arising from Third Parties resulting from, or as part of Your access to the Website or Your use of the latter, information made available by You for the public on the Website (including, without limitation, copyright offences),
- the use, non-use or exploitation of Your User Content.
ARTICLE 17 - TERMINATION
The present conditions apply to you when using the Website up until the termination of Your user account. We reserve the right, if need be, to take any action we consider appropriate and in particular:
- Terminate Your access or use of the Website.
- Delete your user name and password.
- Remove any file or information available from your user account.
We reserve the right to take any action we consider appropriate for the application of the present conditions (including cooperation within any legal proceeding relating to Your use of the Website or to a Third Party claim concerning Your use of the Website). The articles 2, 6-8, 11-19, 21- 23 and 25 will remain in force in case of expiration or termination of the present conditions.
ARTICLE 18 - JURISDICTION
You accept to submit the present conditions et their interpretation (as well as any claim or litigation that may arise from the present conditions or Your use of the Website) to New York State Laws without any consideration for conflict of laws principles. You agree to submit to the exclusive jurisdiction of New York State Courts and waive any objection in this respect.
Notwithstanding the previous paragraph, if you live in a EU Member State and access the Website from this State, you agree that the present conditions (as well as any claim or dispute relating to the present conditions or Your use of the Website) are governed and interpreted in accordance with the laws of England, without any consideration for conflict of laws principles. the legal jurisdiction.
You agree to submit to the exclusive legal jurisdiction of English courts and waive any objection in this respect.
You agree furthermore that the United Nations Convention on International Sales of Goods shall not apply to the present conditions.
You admit that any unauthorised use of the Website, products or any related software or Third Party Applications may potentially be damaging to Play On and its affiliates.
In the assumption of irreparable harm, the COMPANIES have the right, in addition to any other remedies available, to urge You to carry out demarches as to limit the damage caused.
No mention in the present article or in the present conditions should be construed as limiting the recourses available to Play On, its affiliates, artists and remedies relating to the infringement of intellectual property rights.
ARTICLE 19 - PARENTAL CONTROL
We inform You that parental control solutions are commercially available and may help you to restrain Your children’s access to certain types of content on the Website. You can access a list of parental control solutions’ suppliers on the websites http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that no product and service mentioned has been subjected to Our approval
ARTICLE 20 - CLAIMS AND INFORMATION REQUESTS
If you have a question or a claim regarding the Website, We invite You to contact Us by email at [email protected]. Since the email communications are not secured, We consequently invite You not to include confidential information in Your email (such as a credit card number). You can also contact Us at [email protected].
ARTICLE 21 - PROSPECTS
Any information on the Website about Us or Our affiliates that do not relate to historical facts is to be regarded as a « Prospect ». Prospects are only forecasts and may be modified or cancelled any time.
ARTICLE 22 - INTELLECTUAL PROPERTY- CLAIM
If You feel at least one content available on the Website violates Your intellectual property rights, you (or your agent) can notify us asking to remove or deactivate the access to such content. Notifications are to be mailed to:
Play On, 110 Boulevard Jean Jaurès, 92 100 BOULOGNE-BILLANCOURT.
We strongly advise you to consult Your legal counsel before sending a notification asking for the removal of contents.
ARTICLE 23 - REQUIRED AGE
By using the Website, you represent and warrant that you are at least thirteen (13) years old. If you are a minor over the age of 13, We invite You to obtain Your parents’ consent, or the consent of the person exercising parental authority over You, to be able to use the Website and buy products.
ARTICLE 24 - CONTACT
If you have any question regarding the interpretation and/or the application of the present conditions, We invite You to contact Us at [email protected]. Since the email communications are not secured, We consequently invite You not to include confidential information in Your emails (such as a credit card number).
ARTICLE 25 - MISCELLANEOUS PROVISIONS
If any of the provisions of the present General Conditions of Use is totally or partially cancelled, the validity of the remaining provisions of the General Conditions of Use shall not be affected.
Acknowledgement that Play On does not avail itself from the application of any of the articles of the present General Conditions of Use does not imply in any way that Play On waives them.
The present General Conditions of Use constitute the entire agreement between the parties with respect to Your use of the Website and Services. Notifications will be sent to You by email, mail or through the Website.
Any printed or in electronic form version of the present conditions will be regarded as an original document.