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General Terms of Use of Soonvibes

For Users


http://www.soonvibes.com/ is a website that proposes electro music for expert and inexperienced listeners. It enables you to discover music out of the usual distribution networks, to discover new talent, to be in the forefront of trends in electro music, and to expand your networks among people who share the same passion: electro music.
The Website enables Users to listen to electro music playlists, and to rate and comment them.
It is a participative Website, allowing Users to give constructive opinions on the music they listen to, to enable Musicians to improve their works quality.
This General Terms of Use describe the terms and conditions for the use of the Service by people who use the Soonvibes Service (hereinafter known as the "User(s)").
After reading all of the characteristics and terms of use of the Service, the User has accepted the present General Terms of Use.
Using the Website is only authorized for private, home use, and any other use, in particular via PA systems, is expressly forbidden.

Soonvibes reserves the right to change the characteristics of the Service at any time.
Soonvibes also reserves the right to change the General Terms of Use at any time. The new version will enter into force on the date of publication of the Website.

Article 1 – Description of the Soonvibes Service

The Website allows you to listen to 90-second extracts of pieces of music free of charge, without being able to download them.
The playlist can be listened to for an unlimited length of time.
The pieces are proposed randomly.
You cannot select pieces or create a personalized playlist.

Article 2 – Use of the Service

2.1 Comments and ratings

Users are the only responsible for the comments they post for each musical extract.
The purpose of the comments is to give constructive criticism to the musicians.
Users must be polite and restrained in order to respect the musicians' work and their Works.
The comments must concern the music and must not deal with other discussion topics. If a conversation turns towards other subjects, you are asked to finish it in a private setting: the Website reserves the right to delete irrelevant comments.
Users are alone responsible for looking after their password and keeping it confidential, and undertake not to give this information to any other User.
2.2 Liability of the User

Under pain of incurring civil or criminal liability, the User expressly undertakes:
- not to infringe the intellectual property rights of third parties; and in particular not to save or pass on to the public, Recordings or Graphic Elements (logo, visuals, graphic charter etc.) protected by copyright, registered as a brand or more generally protected by any other intellectual property right.
- not to use the Service inappropriately or incorrectly, and in particular not to spread computer viruses likely to interrupt, destroy or change the Website's functions;
- not to post offensive, libellous, defamatory or illegal comments (defending crimes, comments that are threatening, paedophiliac, pornographic, obscene, full of hatred, racist, anti-Semitic, xenophobic, revisionist or contrary to public order or morality, incitement to violence, fanaticism, crime, suicide, hatred on account of religion, race, sex, sexual orientation or ethnic group);
- not to harm the private life of third parties, Website Users or Artists;
- not to harass the Users or Artists;
- not to collect personal data for commercial or illegal purposes;
- not to disseminate advertising, send bulk email, unwanted advertisements or unsolicited mail;
- not to post addresses or links to other websites for advertising purposes, or of which the content violates current laws and regulations, that infringe the rights of third parties or these General Terms of Use.
- not to build up or try to build up a database intended to offer directly or indirectly, free of charge or for payment, the same service or a comparable service, to third parties, and more generally not to develop an equivalent service;

Users who know personally one of the Artists will be asked not to post comments on that Artist, and where appropriate to be objective and open about their personal connection with the Artist.

Users who notice incorrect use of the Website will be asked to contact the Website to notify this abuse.

2.3 Penalties

Soonvibes reserves the right to suspend access by Users to the Service and cancel their User account immediately and without notice if the User does not respect all or part of the obligations specified above, without prejudice to any damages due to Soonvibes or any other means of redress that may be exercised against the User.

If the User is liable for a breach of current legislation or an infringement of the rights of third parties, Soonvibes reserves the right to provide any information that enables or facilitates identification of the offending User at the request of any legitimate authority (court, administrative authority, police).

2.4 Characteristics of the Service

Users declare that they accept the characteristics and limits of the online service, and in particular acknowledge:
- that they are aware of the uncertainties involved in listening online, in particular regarding the sound quality and the loading time during streaming;
- that it is their responsibility to take all necessary steps to make sure that the technical characteristics of their computer and/or computer network enable them to access the Service.
They must update their web browsing service, and use compatible and high-performance browsers (Mozilla, Chrome etc.);
- that they alone are liable for their use of the internet: it is the Users' responsibility to take all necessary steps to protect their own data and/or software from contamination by any viruses present on the internet or contracted by any other electronic means.
The Users are responsible for choosing to use the Service and accept its random nature and the variety of choices of music that will be proposed to them.
2.5 Technical protective measures

Technical protective measures are put in place by Soonvibes in order to prevent or limit recording of the Recordings and musical extracts, according to the technologies available.
Users are reminded that the extracts are protected by intellectual property rights and that the fact that they can be listened to free of charge cannot in any way be deemed to be a transfer of rights.
It is strictly forbidden to record the sound of a musical extract in any way whatsoever.
Users undertake not to circumvent in any way whatsoever the aforementioned technical protective measures in order to download the Recordings available for listening.
Users are reminded that, pursuant to Article L. 335-4-1 of the French Intellectual Property Code, they will be liable to a fine of €3,750 if they circumvent a technical protective measure.
Soonvibes informs Users that it reserves the right to permanently block all access to the Website by Users who try to circumvent the technical protective measures, to institute legal proceedings on the basis of Articles L. 331-1 et seq. of the French Intellectual Property Code, and to facilitate legal proceedings against them if action is taken by a third party.

Article 3 – Personal data

The personal data collected by Soonvibes will remain strictly confidential.

The personal data will not be used for commercial purposes and is secure.
It will only be processed and used by Soonvibes insofar as is strictly necessary for the Website services to function smoothly.
In accordance with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, processing of the data collected by Soonvibes has been declared to the French Data Protection Authority (CNIL).

Users have the right to access, modify and delete their personal data by themselves:

In accordance with the new law GDPR (General Data Protection Regulation), you can manage your personal data by yourself:
- edit your public infos: https://www.soonvibes.com/en/accounts/profile/public/
- edit your personal data: https://www.soonvibes.com/en/accounts/profile/personal/
- unsubsribe to notifications emails: https://www.soonvibes.com/en/accounts/profile/channels/ (simply by clicking on the link at the bottom of every email)
- unsubscribe to our newsletters (simply by clicking on the link at the bottom of every newsletter)
- delete your account and all your personal data: https://www.soonvibes.com/en/accounts/profile/personal/



Article 4 – Responsibility of Soonvibes

4.1 Choice of musical extracts

The playlists are freely selected by Soonvibes.
However, to guarantee the musical quality of the tracks played, Soonvibes will delete any extract for which the average rating is less than 4/10.

4.2 Technical liability of Soonvibes

Soonvibes cannot be held liable for technical problems independent of its service, such as maintenance or network problems due to the internet service provider that may result in a temporary interruption of the network, and the Users declare that they accept the constraints and limits of the internet, in particular regarding data transmission via the networks and data breaches.

4.3 Organization of competitions

Competitions may be organized on the Soonvibes Website.
These competitions will be organized in accordance with the EU Directive of 11 May 2005 transposed into French law on 17 May 2011 in Articles L121-1 et seq. and Article L121-36 of the French Consumer Code. In accordance with current legislation, these promotional lotteries will be organized honestly, and will be neither misleading nor aggressive.
Rules will be available for each competition, indicating in particular:
- the conditions for participation;
- the expenses relating to participation;
- the number, value and nature of the prizes to be awarded;
- the criterion for judging participants' responses;
- the procedure for awarding the prizes;
- the closing date of the competition;
- the time limit for claiming the prizes;
- the composition of the jury.

Article 5 – Disputes

The Contract is governed by French law.
In the event of a dispute resulting from the present contract, an amicable settlement will be proposed to the parties.
If this is unsuccessful, the dispute will be referred to the court of competent jurisdiction.

 

 

General Terms of Use for Artists and Producers


The Soonvibes service

Soonvibes is a tool for electro musicians who want to develop the quality of their music by testing it on an informed audience. Thanks to constructive criticism by website users, you will be able to improve the music you produce, which is graded by expert and objective listeners.

Users can grade your music on a scale from 1 to 10 by listening to a 90-second extract. The extracts are played to users at random.

Pieces that receive an average grade of less than 4/10 are removed from the playlist, to ensure a minimum quality standard for users.

By posting your piece of music on Soonvibes you can make it better-known, allow it to be distributed widely and join a network of electro-musicians and enthusiasts.

Who can use the Soonvibes service?

Soonvibes Users are Producers with the rights to a specific recording by a named artist or artists, or new or experienced Musicians, who want to distribute one or more of their pieces by allowing them to be listened to free of charge on the website.

To become a User of the Soonvibes service, you must be the assignee or holder of the exclusive rights to use the works, having acquired them lawfully:
- from the artists concerned, whether they are the composers or performers;
- from record producers who meet the conditions of Article L. 213-1 of the French Intellectual Property Code, who have acquired these rights from the artists;
- or because they are both the artist and producer of the recording.

It is hereby agreed as follows:

Article 1 Purpose

The Website hereby agrees to provide electronic distribution of the Recordings provided by the User, of which the User is the composer and for which the User holds the distribution rights.

Article 2. Duration

The present assignment of broadcasting rights has a limited duration. Users will be free to post online and remove their Recordings on the Website. Conversely, the Website reserves the right to no longer grant broadcasting rights to Users if their average rating is less than 4/10.

Article 3. Exclusive rights

The assignment of broadcasting rights as described in Article 5 for the Recordings that are the subject hereof is not carried out on an exclusive basis, with the exception of the provisions of Article 3.2 hereof.

Article 4. Territory

The present Contract applies to the whole world and is not subject to any territorial limitations.

Article 5 Assignment of rights of use

5.1. Use of the Recordings

The User assigns the following rights of use:

- right to reproduction: the right to download and allow downloading free of charge or against payment via wired broadcasting or remote transmission of the Recordings;
- right of performance: the right to communication to the public of the Recordings, via any existing or future means.

To do this, the User authorizes the Website to copy the Recordings that are the subject hereof, in digital form, and compress them for its operating requirements, in order to store them in the Website database throughout the period of validity of the present Contract.

The User also authorizes the Website to take technical protective measures (Digital Rights Management) and measures for tracking the Recordings.

5.2. Use of secondary elements to the Recordings

The User grants the following rights of use subject to the conditions for exclusive rights specified in Article 3 hereof:

- right to reproduction: the right to download extracts of the music and allow downloading free of charge via wired broadcasting or remote transmission of visuals on the covers, sleeves and booklets (texts or images) of the Recordings that are the subject hereof, as well as any abbreviations and brand names and/or figurative marks provided by the User. The downloads will be of average quality (It would be ideal if you can clarify this technical aspect by specifying the quality level), to prevent Users from recording and reusing all of your musical works.

- right of performance: the right to pass on or allow to be passed on to the public, by any existing or future means, the visuals on the covers, sleeves, booklets, biographies or images of the Recordings that are the subject hereof, as well as any abbreviations, logos and brand names and/or figurative marks illustrating the world of the musician Users.

Article 6. Obligations of the User

6.1. Supply of the Recordings

The User undertakes to supply the Website with a digital copy of the Recordings that are the subject hereof.

Within ten(10) days of the signing of the Contract, a personalized and secure account will be allocated to the User.

The access codes given to the User are strictly confidential. The User is responsible for ensuring that they remain confidential. If they are lost or stolen, the User undertakes to notify the Website as quickly as possible so that access is blocked and the codes can be changed. These codes enable the User to access a space called the "Back Office". In this space, Users can post the musical works and the presentation texts, photos of the artist, concert dates, blog etc. and any element to which they have the rights, within the limit of the disk space allocated to them. 6.2 Provision of identification data

The User is fully responsible for providing, via the Back Office or in a file in Excel or equivalent format, all of the data making it possible to identify precisely each of the works that the User posts on the electronic distribution Website, and in particular, where appropriate, the ISRC for each Recording.

6.3. Provision of publicity and marketing elements

The User will provide at his/her own expense, all of the publicity and marketing elements in order to illustrate his/her world: covers, sleeves, booklets, biography of the artists, photos, images of all kinds and in general all elements of the visuals associated with the Recordings, in the form of digital files in compliance with the standards and sizes set in the Website technical appendix.

Article 7. Guarantees of the User

7.1. Guarantees regarding the Recordings

The User declares that (s)he is the sole holder of the rights of use of the Recordings that are the subject hereof, and guarantees the Website against any complaints and difficulties likely to undermine quiet enjoyment of the rights granted to the Website.

If the User is a Producer, (s)he declares that (s)he has concluded a contract with the artist in accordance with legal provisions, and in particular with the French Intellectual Property Code.

In addition the User guarantees that the artists who took part in the Recordings have assigned and will assign to him/her in writing the right to record, reproduce, make available to the public and pass on to the public their interpretations and services for all of the uses specified herein. The User declares and guarantees that it has paid and will pay all amounts payable directly or indirectly to any beneficiary in respect of the uses provided for herein and guarantees the Website against any action in this regard.

The User guarantees quiet enjoyment of the artist's name.

The User undertakes to comply with normal practice within the profession when using all reproductions of extracts and/or using and/or sampling pre-existing works and/or phonograms included in the Recordings that are the subject hereof, and guarantees the Website that it has obtained all necessary authorizations from the beneficiaries concerned, and in particular the authorization of the collecting society for mechanical reproduction rights for authors, composers & publishers (SDRM).

The User guarantees the Website against any action by third parties in this regard.

In any case, the Website may at any time decide to exclude the Recordings concerned from the scope of the present Contract, without compensation for the User and without having to justify its decision.

The User guarantees the Website against all actions by third parties concerning the works and interpretations reproduced in the Recordings that are the subject hereof.

Finally, the User guarantees that the artist's interpretations do not include any content contrary to the law or current regulations and/or that is libellous and/or any elements likely to infringe the rights of any third party and result in legal action, in particular for plagiarism, infringement of copyright, unfair competition, or civil liability in general.

The User guarantees the Website against any action by third parties in this regard.

The User shall be jointly and severally liable for the damages that may be granted to persons injured due to his/her omission and negligence. In any case, the User shall pay the fees required to obtain the authorization of the persons concerned by the omission.

Finally, Users cannot rate their own music or comment on it without revealing their identity. If they do, their account will be immediately suspended and their music removed from the playlists.

Article 8. Obligations of the Website

8.1. Operating expenses

The Website shall cover the cost of encoding, digitization of the Recordings that are the subject hereof, hosting and maintenance of the Website, setting up the secure bank card payment system, and general promotion of the Website.
In particular, the Website will cover the cost of setting up the technical protective measures (Digital Rights Management) and measures for tracking the Recordings. 8.2. Putting online

The Website undertakes to do everything possible to put the Recordings that are the subject hereof, online within a reasonable time from the date of receipt.
The Recordings can be listened to by Users in the form of 90-second extracts in a random playlist.
The Website reserves the right to choose the extract played.

8.3. Hosting and maintenance

Since the Website is hosted on the internet, the Website is only subject to an obligation of best efforts regarding access to and availability of the Website.

Consequently the Website undertakes to do everything possible to ensure the permanence of its services, and the technical facilities to enable Users to subscribe to them. It also guarantees that the digital distribution of the Recordings provided by the User will be carried out in accordance with standards and normal practice in this regard.

The Website cannot be held liable for any hacking of the electronic distribution website, since it has put in place security measures to prevent this type of breach.

8.4. Secure payment

The Website has installed a secure online payment system on the electronic distribution website. Users can therefore buy credit points to enable them to access specific promotional services proposed by Soonvibes

8.5. Publicity, advertising and promotion

The Website remains entirely free to define the content of its commercial offer, and to choose the Recordings that it wants and does not want to promote and highlight.

The Website is free to broadcast the Recordings online free of charge in the form of extracts lasting a maximum of 90 seconds, to enable Users to listen to them, exclusively via streaming , so that they can choose one of the services offered. No payment will be due to the User for this use.

8.6 Provision of statistical records

The Website will make statistical records available to Users, enabling them to see the ratings received by the Recordings, as well as information on the musical behaviour of Users by sending them as newsletter.

8.7. French Data Protection Act

The Website guarantees Producers that the Website has been duly declared to the French Data Protection Authority (CNIL), and that in accordance with current legal provisions, the Website provides the right to access and modify the data concerning the Users, artists and identifying elements of the Recordings.

Article 9. Principle of non-payment

Since the Recordings are used free of charge, and exclusively in the form of extracts, no payment will be made to the User in return for the rights assigned.

Article 10. Invalidity of contract clauses

If one of the clauses hereof is deemed invalid, this shall not result in the termination or cancellation of the Contract, and only the clause in question shall be deemed ineffective.

Article 11. Disputes

The present Contract shall be interpreted in accordance with French legislation concerning contracts signed and executed in France.

In case of a dispute regarding the present Contract or its performance, the parties allocate exclusive jurisdiction to the competent courts in Paris.