The present Terms and Conditions of Use are an English translation of the initial version written in French (FRANCE). In the event of conflict, discrepancy or differences of interpretation between the French and the English translation, the French version shall prevail.
Preambule
OPERA MUSICA is a professional social media network to promote artists, performances, and industry news for the world of opera and classical music; a platform to meet, discover and link the public with professionals, and professionals to each other. By registering, accessing or using OPERA MUSICA services, you acknowledge that you have read, understood and accepted these Terms of Use (hereinafter referred to as "TOS") which also include the general conditions of sale of the Services that OPERA MUSICA offers to its Members. In the event that you do not wish to adhere to these provisions, you must not register on OPERA MUSICA, you must refrain from accessing the Site and using the services of OPERA MUSICA.
Article 1 : Definitions
It is provided that in these Terms of Use, the words or phrases beginning with a capital letter have the following meanings:
« Site » and « Website » : means the website www.operamusica.com and all the Services it offers.
« Subscription »: access and registration to Opera Musica are free. Members may, once registered, upgrade if they wish, to a paid account giving access to a number of additional benefits for a specified period;
« Content(s)» : refers generally to all the information and data available on the Site and in particular items subject to intellectual property rights including texts, logos, photographs, videos, audio files. You must distinguish the Content belonging to the Site from the Content belonging to the Members and published on the Site as part of the use of the Services, their sharing and promotion activities.
« Service(s) » : refers to all free or paid services available to OPERA MUSICA Members and visitors;
« Member(s) » : refers to one or more users of one or more Services benefiting from free access to one of the Services or having validly subscribed to a Subscription.
« OPERA MUSICA » : refers to the company OPERA MUSICA, SASU, with registered capital of 30,000 euros, registered with R.C.S. Evry and whose registered office is located in France - 10, Allée des Champs Elysées, 91042 EVRY.
Article 2: Registration and use
Article 3 : Data Protection
1. Contents provided by Members
OPERA MUSICA respects the intellectual property of its Members who retain full ownership of the transmitted contents. Nevertheless and for the purposes of the operations of the Services, Members acknowledge that they grant OPERA MUSICA, for the whole world, a free and non-exclusive operating license for the use of the intellectual property rights attached to any Content they provide through their use of Services. This license includes the right for OPERA MUSICA to reproduce, represent, adapt, translate, digitize, transfer or sublicense the Content provided by its Members only in connection with the provision of its Services and for broadcasting on the Website.
This Intellectual Property License ends when the Contents are deleted or when the account is deleted, unless the Content was shared with or by other users who have not deleted their account, the user expressly agrees of their use of Service, which, by its internet social network operations which the Member expressly acknowledge, as part of his use of the Services, which, by its functioning as an Internet social network, suppose that the Member accepts the risk of distribution and reproduction of his Content by other users. By using the Service, the user authorizes the sharing of his Content and discharges OPERA MUSICA from any type of liability in this context. Members expressly authorize OPERA MUSICA to amend Contents to respect the corporate visual identity of the Website or other media communications and / or make them compatible with its technical performances or related media.
2. Content broadcast by OPERA MUSICA
The general structure and the database operated within the Site and any other component, such as in particular, brands, logos, graphics, texts, and content are the exclusive property of OPERA MUSICA. They may not be reproduced, used or represented without the express permission of OPERA MUSICA under penalty of prosecution. The rights of use granted by OPERA MUSICA to its Members are reserved for private and personal use and for the duration of registration to the Services. Any other use is prohibited without permission from OPERA MUSICA. In particular, Members are prohibited, to modify, copy, reproduce, download, broadcast, transmit, commercially exploit and / or to distribute in any way whatsoever the Services, the Site pages, or software codes for elements that comprise the Services and the Site.
Article 4: Personal Data
The Website OPERA MUSICA respects privacy and has been declared to the French authority of protection of personal data, the National Commission for Computing and Liberties (CNIL) under the number 1920114 v 0. Pursuant to Law No. 78-17 of January 6, 1978, as amended by Act No. 2004-801 of August 6, 2004 relating to data, files and freedoms, every user has the right to oppose access and correct personal data. It may well require to be rectified, completed, clarified, updated or deleted information concerning which is inaccurate, incomplete, ambiguous or whose collection, communication or conservation are prohibited. Members are solely responsible for the information, indications or Contents that could reveal ethnic origin, nationality and / or religion. The Member may at any time modify or remove any information directly on the Site. OPERA MUSICA uses cookies during the consultation of the Site in order to facilitate navigation without having to reenter the same elements. The user can disable the use of cookies by changing the preferences on the Internet browser. In this case, certain features of OPERA MUSICA may not be accessible.
Article 5: Features and Content
1. Members may create on the Website at their own risk a profile according to their Profession. They can also appropriate their profile if it has already been created from information provided by other members or directly collected by OPERA MUSICA. Members agree that OPERA MUSICA can enrich their profile with content publicly available on the web, from their official website and their professional profiles or pages on social media networks to help them in their promotion, which is completely free of charge. Members may at any time remove any Content that they no longer want to see on their profile by appropriating their free profile or contacting us and asking us to remove the information. If applicable, OPERA MUSICA promises to complete this request as soon as possible. The profile may be supplemented by texts (description, biography, training, roles, repertoire, etc.), photos, videos, audio files and links to other third party OPERA MUSICA Website Services. Members take their own risk when using third party websites. OPERA MUSICA is not responsible for damages incurred due to their use.
2. Members are informed that it is forbidden to publish on the Website in any form whatsoever, Contents contrary to the OPERA MUSICA’s purpose, to existing laws and regulations or to morality. OPERA MUSICA provides Members the "Contact us" section allowing them to report abuse and Contents that may be considered non-compliant with these Terms of Use and / or existing laws and regulations.
3. Members agree not to publish any Content containing statements or remarks that are disparaging, insulting or likely to cause offense to another member or a third party. Furthermore, Members recognize OPERA MUSICA shall in no event be liable for any disputes that may arise between them on the Site.
4. Members are informed that OPERA MUSICA may modify or delete any information, data or Content at its sole discretion.
5. Members agree not to publish Contents on the Website, in any form whatsoever, in which third parties hold rights (especially intellectual property rights, right to respect private life and image/photo rights), without obtaining the formal authorization to broadcast the Contents in question. OPERA MUSICA cannot be held liable for damages resulting from breaches of third party rights including intellectual property. Consequently, Members recognize their obligation to respect the laws and regulations on intellectual property.
6. Members acknowledge and accept to guarantee OPERA MUSICA from all disputes arising out of Content posted on the Site violating third parties rights.
7. OPERA MUSICA is a web host within the meaning of the Law of Trust in the Digital Economy. As such, it is expressly agreed that the responsibility of OPERA MUSICA can not be sought for any reason whatsoever because of the Content published on the Site by Members.
8. Members are informed and acknowledge that OPERA MUSICA has no obligation to save or store their Contents online. Therefore it is up to the Members to ensure to keep all original files of all shared data and perform their own backups on the media of their choice.
9. Members recognize that they have the skills, hardware and software required for Internet use and the characteristics and limitations of the Internet do not guarantee the security, availability and integrity of absolute transmissions of data.
10. OPERA MUSICA strives to maintain the proper functioning of the Site but gives no warranty that the Services offered on the Website will operate smoothly and without interruption. Their operation may be momentarily interrupted for reasons of maintenance, updates, or technical improvements. OPERA MUSICA will inform its Members in the extent possible. Nevertheless, the responsibility of OPERA MUSICA cannot be sought in respect to damages caused in particular by an interruption of service, an operating error, or access denial.
11. OPERA MUSICA cannot be held liable for indirect damages, including loss of data or records that you may have carried out, but also and without this list being limiting, loss of revenue, IT incompatibility, commercial loss, loss of public or clientele, loss of opportunity, loss of profits, loss of orders, loss of business, loss of revenue, loss of brand image, inaccuracy or corruption of files or data. OPERA MUSICA is not responsible for the delivery of messages or other Content generated by Members.
12. In the event of damage caused by OPERA MUSICA, OPERA MUSICA will only be held to rectify a situation with financial consequences of direct and foreseeable damage. In all cases, the amount of liability of OPERA MUSICA is strictly limited to reimbursement of the amount effectively paid by the User on the day due of the operative event over the last twelve months of Service. This limitation of liability applies only to professionals using the Service.
13. Each Member explicitly authorizes OPERA MUSICA to submit notifications by means of message on the Service, emails sent to the address provided during registration, or by any other means.
Article 6: Respect for the laws, good morals
As an OPERA MUSICA user or Member you commit to expressly and without reserve the following rules of conduct and without this list being limiting:
- To expressly comply with, without reserve, to the following rules of good conduct: - To comply with all existing laws and third parties’ rights; - To not act with unlawful, defamatory, abusive or obscene manner, and in particular to refrain from violating the rights of others with defamatory, insulting, obscene, offensive, violent language or Content, or inciting violence, discrimination or xenophobic sentiments, and, in general, any statement or Content contrary to the purpose of OPERA MUSICA, to existing laws and regulations or morality; - To act loyally towards OPERA MUSICA and other users; - To not attempt to harass or to harm other users; - To respect the intellectual property rights relating to Contents supplied by OPERA MUSICA and other users; and in general, do not violate the intellectual property rights of others as well as those of OPERA MUSICA and post content for which you are validly authorized; - To only post or circulate current and accurate information or Content; - To not post or circulate information or Content whose effect is to diminish, disorganize, or prevent the normal use of OPERA MUSICA Services; - To not post or circulate information or Contents that incorporate links to third parties websites that are illegal or contrary to morality; - To not disclose information that you do not have the right to communicate.
In case of failure by a Member to abide by one or more of its rules of good conduct, and without prejudice to the provisions of the following Article "Termination", OPERA MUSICA may terminate, without notice and without compensation, the account of the Member concerned, delete litigious messages and Contents, and conduct all actions and legal remedies against such Member.
Article 7: Subscription - Premium Offer
1. All Members have the possibility to create a free profile allowing them to publish a certain amount of information and Content, to react, follow-up and communicate with other members. The artists who have created a free profile then have the opportunity to upgrade to a PREMIUM offer at 59 € Tax Included / year to be presented at the top of all search engine results and various spaces for the promotion of artists, to have an "Official" label, to benefit from a priority communication from OPERA MUSICA, and preferential contacts with agencies. The features included in the PREMIUM Offer may involve.The "Official" label is obtained once the Website has validated the payment information and that it matches the name of the profile. If you use a credit card or a Paypal account with a name other than the name entered when you create your profile, OPERA MUSICA reserves the right to require supporting documents, in particular in the context of its obligations in the fight against fraud and money laundering.
2. As a commercial gesture or welcome offer, OPERA MUSICA can offer free premium service or offer it at a lower price for an indefinite or a determined period of time, especially to so-called "VIP" users.
3. Prices are inclusive of VAT (all taxes included). The VAT rate applicable to the provision of services in France is 20%.
4. Payment can be made by credit card via the secure payment solution MERCANET, offered by our partner BNP PARIBAS, or on request, by bank transfer.
5. OPERA MUSICA remains free to modify its prices, provided that it informs the Members by e-mail or by an online notice on the Site.
6. The Premium offer is billed on the day corresponding to the settlement date ("Billing Day"). There is no automatic renewal. At the end of the period of one year corresponding to the duration of their Subscription, each Member will receive a notification inviting them to renew their Subscription. Each Member may, at any time, request the termination of their "Subscription" in the "Premium" section of their profile. The cancellation will take effect within 48 hours of the cancellation request. No other sum will be required and no amount already paid under the Subscription will be returned.
Article 8: Right of withdrawal
1. In accordance with Article L121-21 of the Consumer Code, Members are informed that they have a period of fourteen (14) days from their subscription to the Services to exercise their right of withdrawal, without penalty. and without reason. A Member wishing to retract must inform OPERA MUSICA of its withdrawal decision by sending it, before the expiry of said deadline, by postal mail addressed to OPERA MUSICA its request for retraction which must be clear. They may also use the withdrawal form below.
2. If a Member exercises this right to withdraw, OPERA MUSICA will refund the sums paid within fourteen days from the date on which OPERA MUSICA is informed of the Member's decision to retract. OPERA MUSICA will use the same method of payment used for the transaction and no additional fees will be charged for this refund.
Model withdrawal form:
Recipient: OPERA MUSICA, 10, Champs Elysées, 91042 Evry, France
I hereby inform you of my decision to cancel the Subscription for the following: (INSERT REFERENCE)
Member's name
Member's address
Consumer email (optional)
Date
Article 9: Sponsored Publications
We offer to our Members the possibility of producing sponsored publications to increase the visibility of various types of promotional content. This service is aimed at artists as well as all the other categories of professionals who have created a profile on OPERA MUSICA and thus referring to any news, event, offer or service to be promoted in connection with the world of opera and classical music.
1. Each registered Member may decide to boost the visibility of a publication which will then be broadcast primarily on our Site, on Facebook, Instagram and Twitter via our Facebook, Instagram and Twitter accounts used to communicate the contents and news of OPERA MUSICA.
2. The prices of sponsored publications depend on the number of people reached, ie an estimate of the number of people who will see the publication.
3. To make a sponsored publication, one must provide us with the information about the content one wants to show, how much one wants to spend and the geographical area one wants to reach in priority.
4. Their publication will be validated by the OPERA MUSICA team, then broadcast within the following 24 to 48 hours, if necessary in the order of requests made by other Members.
5. By subscribing to a sponsored publication, you authorize the OPERA MUSICA team to freely make all useful and necessary modifications making your publication as effective and attractive as possible without justification.
6. Their sponsored publications will always have to match content respecting our "Terms", including « Article 6: Respect for the law, good manners.» When one makes a sponsored publication, one certifies that they possess the rights and authorizations necessary for its diffusion. If one wants to make a publication on behalf of a third party, one certifies that they have received this authorization. One guarantees to be authorized to accept our Terms on their behalf. In case one does not respect these different conditions, OPERA MUSICA can not be held responsible and their responsibility may be engaged.
7. The OPERA MUSICA team will always strive to present the sponsored publications in the most effective and attractive way possible. To reach this objective, the OPERA MUSICA team may contact its Members by email, OPERA MUSICA internal messaging feature, Facebook, Skype or by phone. However, OPERA MUSICA is the only decision-maker regarding the necessity of whether or not to communicate with its Members regarding the broadcasting of a publication. The OPERA MUSICA team can freely modify the content of a publication, refuse to publish it, and stop its broadcasting without any obligation to justify.
8. OPERA MUSICA presents for each price an estimate of the number of people who will see your publication for the entire duration of it. We strive obviously to do everything we can, so that our sponsored publications satisfy the expectations of our Members and demonstrate the quality of our services. OPERA MUSICA is however not responsible for the fact that some publications may sometimes present a lower (or higher) performance rate, which is also dependent on factors that are more difficult to measure, such as the natural popularity of the content, the number of clicks, likes, shares, and comments. OPERA MUSICA is not responsible for the number of clicks, comments, shares, positive or negative reactions of the people reached by your publication.
9. As for our Premium offer, the prices are indicated are all taxes included. The VAT rate applicable to the provision of services in France is 20%.
10. Payments are made by credit card via the secure payment solution MERCANET offered by our partner BNP PARIBAS. Upon request, the payment may also be carried out by bank transfer.
11. OPERA MUSICA remains free to modify its prices, provided that it informs the Members by e-mail or by an online notice on the Site.
12. Each sponsored publication is billed once on the day corresponding to the payment date ("Billing Day »).
13. One can ask us to interrupt and / or delete their publication at any time. Although we strive to be as responsive as possible, it is possible that 24 to 48 hours may elapse before it actually stops.
14. OPERA MUSICA is not responsible for any technological problems caused by third parties or by unforeseeable and abnormal events which may affect the performance of sponsored publications. Once validated, no sponsored publication will be refunded.
Article 10: Changes
OPERA MUSICA reserves the right to amend the Services including these present Terms of Use. Any amendment will become effective upon posting on the Website and will be indicated on the Website. Each user preserves his right to terminate its registration Subscription to OPERA MUSICA. But if you continue to use OPERA MUSICA’s Services beyond the publication date of the amended Terms of Use, you will be deemed to have accepted these changes.
Article 11: Nature of Terms
These General terms and conditions of use form a contract that regulates relationships between its Members and OPERA MUSICA. It cancels and replaces all previous provisions not expressly mentioned or attached and constitutes all the rights and obligations for OPERA MUSICA and its Members related to this subject matter.
The present Terms and Conditions of Use are an English translation of the initial version written in French (FRANCE). In the event of conflict, discrepancy or differences of interpretation between the French and the English translation, the French version shall prevail.
If one or several provisions of the General terms and conditions of use should be declared invalid under the law, all other provisions will keep their strength and scope, to the extent permitted by the law.
Article 12: Applicable Law
THESE TERMS AND CONDITIONS OF USE ARE GOVERNED, INTERPRETED AND APPLIED IN ACCORDANCE WITH FRENCH LAW. IN THE EVENT OF A DICREPANCY BETWEEN FRENCH AND ENGLISH VERSIONS, THE LANGUAGE OF INTERPRETATION WILL BE THE FRENCH LANGUAGE. MANDATORY UNLESS OTHERWISE, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE TERMS WILL BE THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS WHERE THE REGISTERED HEAD OFFICE OF OPERA MUSICA IS ESTABLISHED.
EACH MEMBER GUARANTEES THAT OPERA MUSICA IS NOT LIABLE AGAINST ANY ACTION BROUGHT AGAINST IT BY A THIRD PARTY AS A RESULT OF CONTENT PUBLISHED ON THE WEBSITE WHICH WOULD INFRINGE UPON ITS RIGHTS. ACCORDINGLY, EACH MEMBER AGREES TO INDEMNIFY OPERA MUSICA OF ALL DAMAGES, LOSSES AND EXPENSES ARISING FROM SUCH AN ACTION.
LEGAL NOTICE
The Company www.operamusica.com Website is published by the OPERA MUSICA, simplified Unipersonnelle joint stock company with capital of 30 000 €, whose headquarters are located 10, Allée des Champs Elysées, 91042 Evry, France, registered with the Trade and Companies Register in Evry under number 812 640 332.
The publisher of the Site is Mr. Mathieu ABELLI, founder President.
The content is hosted on computer equipment of OVH, SAS with capital of € 10,059,500 whose registered office is 2 rue Kellermann, 59100 Roubaix, France, registered with the Trade and Companies Register under number 424 761 419 00045 RCS Lille Métropole. Phone: +33 9 72 10 10 07
For questions, you can contact the OPERA MUSICA service support in the “Contact Us” section or writing an email at contact@operamusica.com