OPERA MUSICA General Terms and Conditions of Use
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 network dedicated to promoting opera and classical music artists. By registering, accessing or using OPERA MUSICA services, you acknowledge that you have read and understood these Terms and Conditions of Use (hereinafter "Terms of Use") in full, and accordingly, you agree to be bound by all its provisions. If you do not agree to these Terms of Use, do not register with OPERA MUSICA and do not access or use OPERA MUSICA services.
Access and registration to OPERA MUSICA are completely free.
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:
« Profession »: refers to the category corresponding to the artist’s profession;
« Content(s)» : refers to all information and data available on the Website, including items subject to intellectual property rights, texts, logos, photographs, videos, audio files. The Website Content and the Content belonging to Members and published on the Website through the use of our Services must be distinguished;
« Service(s) » : refers to all services available to OPERA MUSICA Members and visitors;
« Member(s) » : refers to one or more users of one or more Services having created or having appropriated their free profile;
« OPERA MUSICA » : refers to the company OPERA MUSICA, SASU, with a capital of 30 000 euros, registered with the Register for Trade and Companies in Evry and whose registered office is in France - 10, Allée des Champs Elysées, 91042 EVRY.
« Website » : refers to the website www.operamusica.com and all the Services it offers.
Article 2: Registration - Deactivation - Deletion
- 1. In order to register and use the services of OPERA MUSICA, you declare having the age of legal majority required to enter into a contract with OPERA MUSICA. Minors aged 13 to 17 have the opportunity to register on the Website, provided prior permission was obtained from the person(s) in charge of exercising parental authority. Use of the Website by a minor remains the sole responsibility of the holder(s) of parental authority. Therefore, before any registration, the holder(s) of parental authority should directly contact OPERA MUSICA and notify in writing its/their agreement via the "Contact us" section.
- 2. You must fill in all required fields on the registration forms, including, your real first name and last name when registering on the Website. As an artist you can sign up with your stage name, subject to notify OPERA MUSICA, via the "Contact us" section and provide supporting documents if requested by OPERA MUSICA;
- 3. You must provide complete and accurate information when registering and then make regular updates. OPERA MUSICA reserves the right to verify the truthfulness of the information provided and at any time to remove, without notice, your account if you have provided information that could prove to be inaccurate.
- 4. OPERA MUSICA will not be held liable in case of misused identity of a member. If you think someone is using your account or your identity, you must immediately inform OPERA MUSICA via the "Contact us" section;
- 5. It is your responsibility to ensure the security and confidentiality of your password. You acknowledge that you are solely responsible for all activities and changes made from your OPERA MUSICA account. Furthermore, you must immediately notify OPERA MUSICA of any breach of security or unauthorized use of your account of which you may be aware.
- 6. You can temporarily deactivate your profile and reactivate it whenever you want by logging in again with your user name and password. If you deactivate your account, your profile will not be visible by other people and they will not be able to look for it, although some information previously exchanged may remain visible. If you reactivate your account, your profile will be restored in its entirety.
- 7. OPERA MUSICA reserves the right to deactivate the accounts of Members who have not logged onto the Website for a period of greater than or equal to two (2) months.
- 8. In the case that you want to permanently delete your account, you can simply write to OPERA MUSICA via the "Contact us" section. Your account will be permanently deleted without the possibility to recover it later, within a period of one (1) month from the receipt of your request.
Article 3 : Use of OPERA MUSICA
As an OPERA MUSICA user or Member you commit, 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 4: Functionalities 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 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.
- 5. Members acknowledge and accept to guarantee OPERA MUSICA from all disputes arising out of Content posted on the Site violating third parties rights.
- 6. 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.
- 7. Members are informed that OPERA MUSICA may modify or remove any information, data or any Content at its sole discretion.
- 8. 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.
- 9. OPERA MUSICA strives to maintain the proper functioning of the Website 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.
- 10. 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.
- 11. 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.
- 12. 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 5: Intellectual Property
- 1. Contents provided by OPERA MUSICA
The general structure and the database operated within the Website 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 Website pages, or software codes for elements that comprise the Services and the Website. - 2. 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.
Article 6: 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 7 : Modifications
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 8: Contract between OPERA MUSICA and Website users
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.
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 9: APPLICABLE LAW - JURISDICTION - DISPUTES
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.