Score It is released by Composite (hereinafter « The Platform Provider »). Accordingly to article 6III 1b) of the French law n°2004-575 of June 21st 2004 the information of the Platform Provider is the following:
Composite SARL registered at the Lyon Company Register under number B792 959 108, with headquarters at 26 rue Emile Decorps, 69 100, Villeurbanne, represented by M. Samuel François-Steininger.
- Phone number: +33 1 79 85 81 01
- Hosting SP : Online.net
- “Platform” means “Score it” website
- “Content” means any contents such as images, videos, text or sound that the Members post on the Platform on their sole and entire responsibility.
- “Member” means any Visitor that created an Account as provided in article XX of ToU
- “User” means both Visitor and Member
- ‘Visitor” means any Internet user navigating on the Platform or using the Platform without being registered on the Platform
- “Features” means all the Features of the Platform as provided in article XX of ToU
- “ToU” means the Term of Use of the Platform as defined hereof
- a) Users engage not to copy the functions of the Platform, on any support, without prior written authorization of Publisher;
- b) Users engage not to modify or alter any part of the applications and functions of the Platform ( e.g. with malicious code) ;
- c) Users engage not to try to or to hedge, deactivate or disturb in any other manner any function of the Platform related to the security of the Platform;
- d) Users engage not to use the Platform in a commercial aim, without prior written authorization of the Publisher. The prohibited commercial uses are for example: The reselling of the access to the Platform to third parties The redistribution of the services and functions of the Platform
- e) Users engage not to use, or to launch a automated system (included any robot, spider or offline player with access to the Platform) sending more queries to the servers of the Platform, in a given laps of time, than a human being could reasonably do, using during the same laps of time a standard and unmodified Internet navigator available for the public. Nevertheless, Platform Provider grants to the public and free of charge search engine providers to use spiders in order to copy information from the Platform in the sole aim to create indexes of these information available to the public, but no caches or archives of these information. Platform Provider reserves the right to revoke these exceptions either totally or in part.
- g) Users engage to send no unauthorized or unsolicited advertising messages to the Users through the Platform, such as spam or chain letters, or viruses, malicious programs or corrupt files ;
- h) Users engage not to communicate through the Platform only on subjects directly or indirectly related to music, film and audiovisual and to upload only Contents related directly or indirectly to music, film and audiovisual.
- Members may create a profile page on which they can present themselves and their works.
- Members may notably display the following information and Content (subject to article xx of ToU):
- Consult other Members profile pages
- Consult the Score it Blog
- Consult the “Answer It” section
- a) A Content obviously offensive or encouraging racism, hate or physical aggression of any kind, against any group or individual;
- b) A Content which harass or encourages the harassment of another person;
- c) A violent or sexual Content or a link to an Internet site reserved to adults.
- d) A Content which solicit personal data from people aged less than 18 years old;
- e) A Content which broadcast in public information likable to cause or create a risk for the confidentiality of security of a person or its information;
- f) A Content which constitutes or promotes willingly information that are false or misleading or encourage illegal activities or abusive, obscene, defamatory or threatening behaviors;
- g) A Content that constitute an illegal or non authorized copy of works protected by copyright or encourage piracy of works, notably by providing pirated software or links to it, providing information enabling to circumvent anti-copy protections or by providing pirated Content or links to pirated Content;
- h) A Content that implies the transmission of electronic unsolicited mail, chain letters or unsolicited direct mail or spam or any kind of unsolicited commercial proposal. Such a Content prejudices heavily the Platform, Platform Provider and its reputation. As a reasonable estimation of such prejudice, you accept, the case maybe, to pay to Platform Provider the sum of 100 Euros for each unsolicited mail and e-mail or any other non authorized commercial communication that you would have sent through the Platform or on the Platform.
- i) A Content that helps or promote any activity or contractual, unlawful, or criminal enterprise or provides information and instructions related to illegal activities, including, but not only, the conception and buy of illegal weapons, the violation of privacy or the supply or creation of computer viruses;
- j) A Content that solicit passwords or personal data from other Members for commercial or illegal purposes;
- k) A Content that implies commercial activities or selling without previous and written approval of Publisher,
- l) A Content that violates the right of confidentiality, image rights, copyrights, trademark rights, civil rights or any kind of other rights of any person;
- m) A Content that promotes propaganda and / or symbols of unconstitutional or illegal organizations;
- n) A Content permitting to hedge or modify, or to try to hedge and modify, or encouraging persons to hedge or modify any technology or application component of Publisher;
- o) A Content generating interferences, perturbations or creation of excessive charge for Platform Provider or the networks and services connected to Publisher;
- p) A Content unrelated with music composing and audiovisual production;
- o provide proof of ownership of your rights or those of your mandatory, whether the content in question is protected by intellectual property rights or personality right;
- o the case maybe, provide the mandate of the right holder;
- o precisely identify the litigious Content;
- o disclose his identity and full address details.
- o Date of the notification;
- o for a natural person : first names, last name, job, domiciliation, nationality date and place of birth;
- o provide proof of ownership of rights or those of its mandatory, whether the content in question is protected by intellectual property rights or personality right;
- o the case maybe, provide the mandate of the right holder;
- o precisely identify the litigious Content;
- o disclose his identity and full address details.
- a) User doesn’t respect on or more provisions of the ToU (or act in a way that shows obviously that he hasn’t the intention to respect the provisions of the ToU); or
- b) Platform Provider is required by the law to do so (for example, if the Platform becomes illegal) ; or
- c) Platform Provider will soon close the Platform and the access to the Platform in User’s country of residency or country he is using in Platform; or
- d) The distribution of the Platform is not anymore commercially sustainable from Publisher’s point of view.
Preliminary article: Definitions
1. ACCEPTANCE OF THE ToU
Both Visitors and Members agree that they have read, understood and approved expressly and without reservations the ToU, since they visit, display or use the platform. If a Visitor decides to become a Member, he will need to confirm his approval of the ToU by clicking on the relevant button in the registering procedure.
2. ELIGIBILITY TO THE PLATFORM
Users declare and guarantee, that they subscribe, approve and understand the ToU; are aged at least of 13 (thirteen) years and that their use of the Platform does not infringe any law or legal provision in effect.
Moreover, Users’ access to the Platform requires the respect of following commitments by Users:
If Users do not comply with one or more of these commitments, Users aren’t authorized to access to the Platform, Platform Provider reserves the right to delete any Account and Users are invited to stop immediately any use of the Platform.
Nevertheless, if a User is not complying with the age condition, parents and tutors may authorize minors under 13 to use the Platform, under the condition that they take in charge all responsibilities for the minor, and especially all behavior related to the use of the Platform, which would infringe the ToU. Platform Provider requires the consent of parents or tutors as made provision in the applicable laws related to minor protection.
3. PLATFORM FEATURES
3.1. Features accessible for all Users
All Members may freely use and benefit from the following Features:
3.2. Free Features for Members
All Members may freely use and benefit from the following Features:
Create a profile page
Gender , First Name, Last Name , Birth date, City & Country , Professional experience (in years) , A catch phrase , A brief biography , A profile pictures , A header pictures , Their availability for work , Elect their skills and main skill among: Conductor, Composer, Orchestrator, Musician, Music arranger, Assistant, Student, Producer, Music fan, Director and Sound designer, Elect their specialties among: Movies, Documentaries, TV Shows, Games and Animation ,
3.3. Paying Features for Members
Premium accounts : additional features to be announced after the launching
4. ACCESS – ACCOUNT
As provided in article 3 of ToU, Users may need to become Member and to create an Account in order to use some Features, to do so Users will be asked to submit the following information: Email address User Name Password Users may also register via their Facebook account and Google account. It is Members responsibility to keep their log-in credentials secure and they are responsible for all activities that occur via their account. Unless Platform Provider expressly allows a User the right to create and manage account information as an account administrator for a company or as part of a team account, Users may not use another person’s Account Information. If a User uses or creates an account in name of a legal person, User guarantees, that he is duly authorized to represent and engage such legal person and to accept the ToU.
To be determined after the opening of the premium subscription
6. PROPERTY OF THE PLATFORM PROVIDER
The Platform is the entire property of the Publisher. Users understand notably that Platform Provider has following rights upon the Platform and engage to enforce these rights: - The trademark « Score It, the film music network » - The copyright upon the Platform, its graphism, its technical specifications and its developments. The database widget
More generally the entire texts, graphisms, user interfaces, visual interfaces, logos, photographs, trademarks, sounds, musics, illustrations and informatic codes notably but non exclusively, the design, the structure, the selection, the coordination, the expression, the aspect, the presentation of the content of the Platform are the property and under the control or licensed to the Platform Provider and protected by the law upon the copyright, as well as commercial, trademark, competition law and any other applicable rules. Consequently the trademark, the copyrights and any other rights upon the Platform shall not be downloaded, copied, reproduced, sold, distributed, transmitted, displayed, posted, licensed or exploited by any other mean without the previous written approval of the Platform Provider or its licensees. The Platform Provider reserves all rights not expressly licensed.
Users engage not to use the content and the information at their disposal on the Platform to non authorized ends, to interfere with the Platform or to damage the Platform, notably but non exclusively by the use of viruses, robots, trojans, malicious codes, ping request attacks, counterfeiting of IP addresses, packet transmissions, router falsifications, e-mail spamming or any other similar technologies.
More generally, Users engage not to access illegally to the Platform and its Features by piracy or any other illegitimated mean.
Users are informed that counterfeiting is a French offense punishable with 3 years imprisonment and 300.000 euros penalty.
7. CONTENT HOSTING
Platform Provider enables the Members to post various Content and offers different hosting possibilities for contents such images, videos, text or sound that the Members post on the Platform on their sole and entire responsibility.
Members have to respect the following technical specifications for the posting of Content: (duration, format …)
Members acknowledge that it is prohibited to post or share on the Platform the following Content:
Platform Provider and competent courts will solely interpret the prohibited character of the Content. The Content is the sole property of the Members, which are sole responsible of publication and the use of the Content on the Platform. During the publication of the Content, Members guarantee Platform Provider against every action or claim of third parties pursuant to the publication and use of the Content on the Platform. Nonetheless it is expressly agreed that the Members grant a license to the Platform Provider for a non-exclusive use of any Content on the Platform, worldwide and during the whole term of literary and artistic copyright or any other right on the Content. In consequence, Members agree that Platform Provider or any Member uses, copies, reproduces, and represents the Content on the Platform and that advertising may be inserted, before, during, or in the Content, according to the manners of Internet.
8. USERS’ WARRANTIES
Users represent and warrant that they own all intellectual property rights (or have obtained all necessary permissions) to the Content and have the right to grant Platform Provider the license stated in article XX hereabove. Members agree to indemnify and hold Platform Provider and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of the Content, use of the Platform, violation of the ToU, or violation of any rights of another.
9. ABUSIVE CONTENT – REPORT AND REMOVAL
Platform Provider reserves the right in its sole discretion, to reject, refuse to post or to remove any of your Content that would goes against the ToU or legislation. Platform Provider does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Indeed Platform Provider allows intellectual property rights holders or any other rights that would be infringed by the posting of Content, to report any litigious Content and initiate a removal procedure of such Content. Thus, consistent with applicable laws, Platform Provider will remove any Content illegally posted within a reasonable time, and provides the rights holders with the following take-down procedure:
If User believes the Platform is hosting content that infringes its copyright or any other right such User shall:
According to French law such notification shall mention precisely the following :
For a legal person : legal form, company name, headquarters and legal representant; The names and address of recipient or, if it is a corporate body, its name and headquarter; The describing of the litigious facts and their precise location; The reasons for which the Content shall be taken down, including mention of legal dispositions and fact justifications; The mail copy shipped to the author or editor of the litigious Content, asking for the interruption, take down or modification or justification of what the author or editor couldn’t be reached. The evidence of the ownership of the rights or those of a mandatory, if a copyright or a personality right protects the litigious Content. The case maybe, a mandate of the owner of the rights.
The mailing address for such take down procedure is :
If a User believes that a Content he uploaded was removed in error, or that it does not infringe upon third-party copyright, such Member may send an appeal to the Platform Provider. The Platform Publisher will forward the appeal, along with the Member’s information, to the party that initiated the take-down notice. The restoration of deleted Content is at the Platform Publisher sole discretion.
In such Appeal User shall:
10. PERSONAL DATA – CONFIDENTIALITY
In order to propose an efficient Platform, the use of « cookies » may be necessary during the use of the Platform. The Users accept the download of « cookies » on their device, in order to save the information upon the navigation on the site and some parameters specific to the use of the Platform by each User. It is understood that the cookies are data without any personal information and will in no case be used by the Platform Provider for commercial aims. The Users acknowledge that their device offers the possibility to block the « cookies » or to chose options that they may use to parameter the cookies. Helpful indications on that subject can be found here: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/conseils-aux-internautes/ The Users understand though that such parameters may limit or deny access to some features of the Platform.
The ToU and any modification of it, are binding as long as a User uses the Platform or is a Member. Member can resign its account at any moment, for any reason, by following the instructions on its profile page. It is understood that in such case, any sums paid to the Platform Provider will not be reimbursed. In case of termination of your account, the Term of Use stay applicable if the use of the Platform continues.
Furthermore Platform Provider may at any time terminate the ToU or close an account if:
In the event that the Platform becomes unavailable for the User, all rights, obligations and liabilities that the User and the Platform Provider benefited or were obliged to will not cease and will continue to apply.
13. NON LIABILITY OF THE PLATFORM PROVIDER
The Users recognize that the specifications and obligations of Internet and mobile networks do not permit to guarantee the availability, security and integrity of the transmissions of data on the Internet. The Platform Provider does not guarantee that the Platform will function without any interruption or dysfunction. The exploitation of the Platform may be interrupted for maintenance, update or technical improvements, or in order to add content or change the user interface. The Platform Provider does not guarantee that the use of the Platform fits to the demands of the User, nor that the use of the Platform will be at any moment uninterrupted, fast, secure, without any errors, that the defaults or errors will be corrected, that all information on the Platform is true. No guarantee, condition or other stipulation (including all implied guarantee regarding the satisfactory quality, the conformity to description, or the suitability shall apply to the Publisher, or to extent and in the limits of the provisions of the ToU and has permitted by law. The Platform Provider does not have any liability for the malfunctioning, the access problems, or connection problems to the Platform due to a problem related to the unsuitable equipment of the User, to the ISP and network problems and/or to any other reason related to a third party. The Platform Provider shall in no circumstance be liable for indirect damages, and notably for the loss of data (including copies) by the User. The Platform Provider reserves the right to improve the Platform or modify it at any moment. These modifications will enter into effect as soon as they are online, without prejudice for the User to the possibility to suppress their accounts. If they continue using the Platform, Users automatically accept the modifications to their full extent. Finally, the Platform may include links to third party websites or services (Third Party Services). Platform Provider is not responsible for the information, products, services, technologies and features offered by Third Party Services. Platform Provider does not offer guarantees to Users for their use of Third Party Services, which is at their own risk.
14. INTEGRITY – SEVERABILITY
The present ToU represent the integral engagement of the Platform Provider and the Users, under the conditions of the eventual modifications of the present ToU by the Platform Provider in the limits of Article 15 hereunder. The provisions of the ToU are severable, and if any provision is determined to be unenforceable in whole or in part, the remaining provisions, and the enforceable parts of any partially unenforceable provisions, shall nevertheless be enforceable. In such case, the unenforceable disposition would be declared non-written. The Platform Provider would then replace the provision by a new provision with the closest meaning.
15. MODIFICATIONS OF ToU
At any moment the Platform Provider reserves the possibility to adapt or modify the present ToU, under the sole condition to inform the Users. Once published online and therefore available for the Users such modifications are immediately applicable. For any modification, the Platform Provider will inform the Users of the modification of the ToU by message, e-mail, or any other adapted mean. The ToU are also available at any moment on the Platform. If the Users continue to use the Platform after modification of the ToU, they accept explicitly or tacitly the modifications of the ToU. If the Users disagree with the ToU, they shall stop using the Platform immediately and, the case may be, shall proceed to the suppression of their account accordingly to article 12 of the ToU.
16. TRANSFERS OF ToU
The Users understand that Platform Provider may at any moment transfer the Platform to a third party, and consequently transfer the benefit of the ToU to the said third party resulting in the substitution of this third party to the Publisher.
17.1. Between Users
Users are solely responsible for their interactions with other Users. Platform Provider reserves the right but is under no obligation to get involved in any way in disputes between Users.
17.2. Between Users and Platform Provider
In case of litigation between Users and Publishers, the Parties decide to attribute the case to the Courts of Paris. French law shall apply in all cases. Users and Platform Provider agree that claims could not be engaged against one or the other parties more than (1) one year after the birth of the cause of the claim. After such period, any action or claim would not be acceptable.