GENERAL CONDITIONS OF USE
The goal of these General Conditions is to define how Musicjag’s services, hereafter, referred to as “the Service”, featured on the internet site illustration-sonore.fr can be accessed and used. All access and/or use of the internet site belonging to the Musicjag company presumes the unconditional acceptance and respect of the these Conditions in their entirety. They serve, therefore, as a contract between the Service and the User.
In a situation where a User elects to reject all or a part of these general conditions, Musicjag requests that the User renounce all use of the Service.Definitions
User: “the User” is any person who uses the internet site illustration-sonore.fr or any of the services available on this site.
Customer: the term “Customer” refers to a user who elects to acquire for himself/herself or for a third party, the synchronization licenses of the files that Musicjag sells on its site illustration-sonore.fr as they are specified in the General Conditions of Sales.
The Service is freely accessible to any User having internet access. All costs relative to the access to the Service, whether for hardware, software or internet provider costs, are the user’s exclusive responsibility. The User has sole responsibility for how well his/her computer hardware/software/internet access perform. The User\’s access is limited to searching in and listening in streaming to the demonstration samples of the files that are for sale.
Musicjag reserves the right to unilaterally refuse access to the Service and this without advance notice to any User who does not respect these conditions of use. Musicjag commits to employing reasonable means to ensure quality access to the Service but is under no obligation to achieve this.
In addition, Musicjag cannot be held responsible for any network, or server dysfunction or for any other event occurring outside Musicjag’s reasonable control which prevents or impairs access to the Service. For maintenance purposes or for other reasons, Musicjab reserves the right to interrupt, momentarily suspend and/or modify access to all or parts of the Service without advance notice and without incurring any responsibility.
The Customer purchases files through the secure payment system PayPal, except when the Customer makes a specific request to do otherwise (see the General Conditions of Sales). The Customer begins the purchase via PayPal by clicking on the “BUY” button. Musicjag transmits the purchase details and price to PayPal. Beyond this, Musicjag plays no role in the final payment procedure, which the Customer accomplishes via his/her PayPal account. PayPal calculates VAT as a function of the Customer’s declared country of origin and legislation. Musicjag pays PayPal’s service costs, which do not appear in the final sale price.
When PayPal notifies Musicjag of payment receipt, Musicjag sends the Customer the invoice by e-mail that includes the link and the password necessary to download the purchased files. The Customer downloads the files through FTP (File Transfer Protocol). The Customer is responsible for knowing and mastering this technology.
“Musicjag” is a protected brand. All unauthorized reproduction of this brand, its logo and distinctive style constitutes counterfeiting and is subject to criminal sanctions. The counterfeiter is subject to the civil and criminal sanctions as specified in articles L.335.2 and L. 343.1 of the Intellectual Property Code.
Commited to respecting its User’s and Customer’s private lives, Musicjag conforms to the law n°78-17 of January 6, 1978, identified as the Law « Informatique et Libertés » in its collection and treatment of personal data. For this reason, all data collected on the illustration-sonore.fr site are reported to the CNIL (Commission nationale de l’informatique et des libertés) under the number 1153096. In accordance with article 34 of the law « Informatique et Libertés », Musicjag garantees the User’s right to be deleted, to access and to correct data that concern him/her. The User may exercise this right by
After a purchase, the Customer receives from Musicjag a link and a password that open access to the FTP downloads. These identifiers are personal and confidential. The Customer commits to preserving the secrecy of his/her password and to not divulging it under any circumstances. The Customer’s internet use of his/her link and password are entirely the Customer’s responsibility. It behooves the Customer to take all necessary measures to protect his/her data from breach. Musicjag commits to instituting the necessary means to garantee the security and confidentiality of transmitted data.
The User acknowleges knowing the internet’s essential limitations and constraints, which render a complete garantee of secure data exchange impossible. Hence, Musicjag cannot be held responsible for damages resulting from any information transmission, including that of his/her login or password via the Service. Musicjag cannot under any circumstances within legal limits, be held responsible for damages, whether they be direct or indirect, material or immaterial or of whatever nature, that result from an unavailibility of the Service or of any Use of the Service. The term “Use” is to be understood in its broadest sense, meaning, therefore, any use of the site independent of its legality or illegality. The User commits to respecting, in a general manner, the whole of French regulations.
Musicjag cannot be held responsible in the case of natural disasters or for events occurring independently of Musicjag’s intentions.Current Contract Developments
Musicjag reserves the right at any time to modify the terms, conditions and specifications of the current contract. Therefore, Users and Customers are advised to consult regularly the most recent version of our Conditions of Use and General Conditions of Sales available on the site www.illustration-sonore.fr.Contract Duration
For as long as the User uses the Service, the current contract is binding.Law and Jurisdiction
The legal rules applied to the content and transmission of data on or around the site are determined by French law. In the case of a disagreement that cannot be concluded between the parties, only the French courts are deemed competent to settle.