Terms of use

Terms of Use for Europavox’s Site

Last updated: 23 March 2017

Your access, visitation and/or use of the Site, including without limitation any registration on any aspect of the Site, will constitute your agreement to these Terms of Use and to the Privacy Policy.

1. General
The Europavox Site, which is accessible at the following url: http://www.europavox.com (hereinafter the “Site”), is created, developed and operated by Europavox (hereinafter “Europavox”), an Association registered in Clermont-Ferrand under n°49443482200016 incorporated under the laws of France whose registered office is located 15-17 rue du Pré La Reine 63100 Clermont-Ferrand, FRANCE.

The Site offers a free source of information about the European music scene and industry together with a set of features further described.

The Site is owned by Europavox. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, articles, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof („Europavox Content“), is owned by Europavox, its licensors or its third-party image partners. All elements of the Site, including the Europavox Content, are protected by copyright, trademark, moral rights and other laws relating to the protection of intellectual property.

2. Use of the Site
Capacity. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify Europavox for violations of these Site Terms.

Technical requirements. Access to the Site requires a high-speed Internet connection, which is not provided by Europavox. To access the Site on a mobile device, a mobile Internet connection via third generation (3G) mobile technology is highly recommended.

No commercial use. No mining. The Site and the Europavox Content are intended for non-commercial use. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Europavox Content without, or in violation of, a written licence or agreement with Europavox; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Europavox Content by using framing or similar navigational technology; (d) reverse engineering, altering or modifying any part of the Site or the Europavox Content; (e) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (f) selling, licensing, leasing or in any way commercialising the Site or the Europavox Content without specific written authorisation from Europavox; and (g) using the Site or the Europavox Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy and data protection.

Changes to the Site and Europavox’s Content. Europavox shall be entitled to temporarily suspend access to the Site, without prior notice or compensation, to carry out technical operations or maintenance. Europavox’s Content available on the Site may change on a regular basis and Europavox doesn’t guarantee access to any given Content.

3. Registration Data and Account Security
The Site offers its non-registered users the opportunity to discover and access Europavox Content and share it through social media features. To use the Member’s section of the Site, the user must register and create a personal account. The Members section of the Site offers the following features:

Basic Account
– Account creation / user’s profile
– Add to Favourites
– Access to Features
– Access to Side Stories

Professional Account
– Account creation / user’s profile
– Add to Favourites
– Access to Features Stories
– Access to Side Stories
– Access to Business articles
– Access to the “Submit a band” form
– And other features to be later developed to address the European Market

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site („Registration Data“); (b) maintain and promptly update the Registration Data, and any other information you provide to Europavox, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Europavox immediately of any unauthorised use of your account or other breach of security; and (e) accept all responsibility for any and all activities that occur under your account. Europavox shall be entitled to immediately terminate the membership and close the account of a Member in the event of a breach of the present Terms of Use.

4. Limitation of Liability
In no event shall Europavox, be liable for any damages, including but not limited to loss of use, loss of profits or loss of data arising out of or in any way connected with the use of the Site, the Europavox Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Europavox, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Europavox‘ records, programmes or services. In no event shall the aggregate liability of Europavox arising out of or relating to the use of the Site exceed any compensation you pay, if
any, to Europavox for access to or use of the Site.

5. Indemnification
You agree to defend, indemnify and hold harmless Europavox, against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys‘ fees) arising out of or related to anything that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms of Use or of any representation or warranty contained herein, your unauthorised use of the Europavox Content, or your violation of any rights of another.

6. Miscellaneous
Governing law and choice of jurisdiction
The law applicable to the defendant governs these Terms of Use., save if the defendant is using the Site in its capacity as music industry professional in which case, the Terms of Use are governed by French Law, with exclusive jurisdiction given to the Court of Paris, France.

Any claim relating to the application of these Terms of Use of Use must be emailed to our Customer Care Service via the Site by clicking the link [Insert], or sent by post to Europavox – Customer Care Service – ADRESS, for prompt processing.

Should the claim not be resolved by our Customer Care Service or remain without response in excess of two (2) months after being received by our Customer Care Service, the customer may choose to submit the dispute to an out-of-court settlement procedure through the European platform for alternative and online dispute resolution at the following link: https://webgate.ec.europa.eu/odr/.

In case of a dispute, the parties shall try to reach an out-of-court settlement. If no settlement can be reached, any claim regarding the validity, interpretation and/or execution of the Terms of Use must be referred to the competent court in the jurisdiction of the defendant’s country of residence.

Changes to Site Terms
Europavox reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the „last updated“ date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Customer Support. To find more information about Europavox’s services and its features or if you need assistance with your account, please visit 46 rue Bouret 75019 Paris – FRANCE, email [email protected] or call +33.(0)