Moozar's General Terms and Conditions of Use
Please carefully read the General Terms and Conditions and print them before approving them.
ARTICLE 1: IDENTIFICATION
Publisher: The www.MOOZAR.com website (hereinafter referred to as the "Website") is published by Moozar (hereinafter "MOOZAR"), a limited liability company (société à responsabilité limitée (SARL)) with a share capital of €100,000, registered with the Paris Trade and Companies Register under number 503 884 355, whose registered office is located at 23 Rue d'Anjou, 75008 Paris, and whose EU VAT number is FR 33503884355.
Publishing Director: Mr Roy Halfon
Hosting provider: Link By Data, whose registered office is located at 1 Place Paul Verlaine, 92100 Boulogne Billancourt. Telephone: 01.77.75.78.81
ARTICLE 2: DEFINITIONS
MOOZAR Agreement: Means the agreement concluded, on the one hand, between an Internet User with an Internet User Account and, on the other hand, Moozar, acting on behalf of one or more Beneficiaries, setting forth the technical, legal and financial terms and conditions of the donation made by the Internet User or the settlement agreement referred to in Article 8.1 hereinafter if the technical, legal and financial conditions are met.
MOOZAR Application: Means the java application which may be proposed by MOOZAR on the Website enabling Internet Users to identify MP3 format files on their hard drive (stage 1), then identify the Files among them which reproduce a Work included in MOOZAR's Catalogue (stage 2), and then select the Files among them for which the Internet User wishes to make a donation or compensate one or more Beneficiaries (stage 3).
Beneficiaries: Means the writers, performing artists, publishers, sound recordings and video recordings producers participating in the creation, performance, financing and promotion chain for all types of works, and any person taking over their rights, who has created a Beneficiary Account and granted a Mandate to MOOZAR with a view to receiving donations or receiving compensations.
MOOZAR Database: Means the computer database available on the Website, including the identification data relating to the Works for which MOOZAR has been granted Mandates by one or more Beneficiaries. Said identification data is provided by the Beneficiaries themselves.
MOOZAR's Catalogue: Means the list of Works and the related additional information for which MOOZAR has been granted a Mandate. Said list is accessible to the public on the Website.
Internet User Account: Means the account opened by the Internet User with MOOZAR mainly for the purpose of making donations and/or paying compensations to the Beneficiaries via the Website.
Beneficiary Account: Means the account opened by a Beneficiary with MOOZAR for the purpose of authorising MOOZAR to receive donations and/or compensation in relation to the Works which it has identified on its account.
Connexion Details: Means the user name and password to access an Internet User Account or a Beneficiary Account.
File: Means a computer file, irrespective of the format thereof, reproducing the Work.
Internet User: Means any internet user using the Website for the purpose of making Payments.
Mandate: Means the agreement concluded between MOOZAR and a Beneficiary authorising MOOZAR to act on behalf of a Beneficiary for the purpose of concluding MOOZAR Agreements to receive amounts in accordance with said agreements. The Mandate supplements the provisions of the General Terms and Conditions of Use in the scope of the contractual relations between MOOZAR and the Beneficiary. It is specified that in the event of a contradiction, the provisions of the Mandate shall prevail.
Work: Means a commercial original work, sound recording or video recording, irrespective of the format, implementing the rights of one or more of the Beneficiaries.
Cart: Means the list of Works for which the Internet User intends to make one or more donations and/or conclude one or more settlement agreement, and specifying for each one of them, its title, the name and capacity of the Beneficiary(ies) to receive the amounts paid by the Internet User and the amount of said sums.
Website: Means the website "www.MOOZAR.com" published by MOOZAR.
Payment: means the payment by the Internet User of an amount of money in performance of a MOOZAR Agreement. Said payment may be constituted by a donation or a settlement agreement.
ARTICLE 3: PURPOSE
The General Terms and Conditions of Use define the terms and conditions whereby MOOZAR authorises (i) on the one hand, Beneficiaries to grant one or more Mandates to MOOZAR for the purpose of receiving donations, concluding settlement agreements in relation to the unauthorised reproduction of one or more Works by Internet Users, and where applicable, receiving compensation pursuant to settlement agreements in relation to Works which it determines and (ii) on the other hand, Internet Users to make donations to Beneficiaries, conclude settlement agreements relating to their unauthorised reproduction of one or more Works and, where applicable, pay compensation pursuant to settlement agreements to the relevant Beneficiaries. The main services provided by MOOZAR are set forth in detail in Article 8.1 hereinbelow.
ARTICLE 4: REMINDER OF COPYRIGHT AND NEIGHBOURING RIGHTS
MOOZAR wishes to support creation and is very concerned by compliance with applicable national and international laws and regulations in relation to copyright and neighbouring rights. Therefore, MOOZAR reminds Internet Users that the unauthorised reproduction of a commercial work, performance, sound recording or video recording, constitutes legal infringement which is liable.
THE SERVICE PROVIDED BY MOOZAR IS NOT INTENDED IN ANY WAY TO ENCOURAGE INTERNET USERS TO REPRODUCE WORKS without authorisation.
ARTICLE 5: ACCESS TO THE WEBSITE
5.1. The Website may be directly accessed using the following URL address: "www.MOOZAR.com".
5.2. The use of the Website implies the unconditional acceptance of the General Terms and Conditions of Use.
5.3. The Website is accessible 24 hours per day, seven days per week, subject to any downtime linked to maintenance, upkeep or update operations.
ARTICLE 6: CREATION AND USE OF A USER ACCOUNT
6.1. Any individual who is aged 18 or over may register on the Website for no charge in order to have an Internet User Account.
6.2. The creation of an Internet User Account is not required to make donations.
6.3. The Internet User Account mainly enables the Internet User to:
- conclude MOOZAR Agreements which may potentially have the effect of a settlement agreement in accordance with the terms and conditions set forth in Article 8.1 hereinbelow:
- consult and/or print a copy of any MOOZAR Agreement to which he is a party directly from the Internet User Account.
6.4. In order to register, the Internet User must state his details (in particular, his surname, his first name, his country of residence, his e-mail address) and chose the Connection Details for his Internet User Account. The Internet User warrants the accuracy of the information provided and the declarations made upon registration or at a later date.
6.5. The conservation and use of the Internet User's Connection Details shall be carried out under his sole liability. In particular, the Internet User is notified regarding the safety issues inherent to the use of the automatic storage function of the Connection Details which may be authorised by his computer system and represents that he assumes full liability for the use and potential consequences of such function. Any use of the Internet User Account following the input of the Connection Details shall be deemed to be carried out by the Internet User and MOOZAR shall not be held liable under any circumstances for the detrimental consequences to the other contracting party resulting from illegal, fraudulent or abusive use of the Internet User's Connection Details. The Internet User is required to promptly contact MOOZAR in the event of loss or suspicion of fraudulent use of his Connection Details. The Internet User is informed that in the event of loss of his password, he shall be unable to consult his Internet User Account.
ARTICLE 7: CREATION AND USE OF A BENEFICIARY ACCOUNT
7.1. Registration on the Website in the capacity as Beneficiary first requires the creation of a Beneficiary (or "Artist") Account and implies the unconditional acceptance of the General Terms and Conditions of Use.
7.2. In order to be able to receive donations and/or compensation pursuant to settlement agreements, the Beneficiary must first create a Beneficiary Account and then conclude a Mandate with MOOZAR aimed at identifying the scope of the assignment entrusted to MOOZAR and the Works in question.
7.3. The Beneficiary Account mainly enables the Beneficiary to:
- identify the Works which he wishes to be included in the Catalogue;
- identify, among these Works, those which he intends to grant a Mandate to MOOZAR for the purpose of receiving donations;
- identify, among these Works, those which he intends to grant a mandate to MOOZAR for the purpose of concluding settlement agreements within the meaning of Article 8.1 hereinbelow, provided that he has not assigned or contributed his reproduction right over the Work to a third party (including a collecting rights society);
- consult and print a copy of any MOOZAR Agreement concluded by MOOZAR on behalf of the Beneficiary;
- define the scope of the Mandate granted to MOOZAR for each Work (only collection of donations or collection of compensation pursuant to settlement agreements and donations);
- request the publication, conclusion (in paper format), amendment or withdrawal of the Mandate;
- where applicable, set for each Work the amount of the settlement compensation in American Dollar or Euro to be paid back to it by File referred to in the scope of a MOOZAR Agreement, before deduction of MOOZAR's commission;
- be informed regarding the conclusion of a MOOZAR Agreement to which he is a party;
- where applicable, obtain the copy(ies) of the MOOZAR Agreements to which he is stakeholder.
7.4. To create a Beneficiary Account, the Beneficiary must fill the "Artist" or "Copyright Holder" registration form accessible on the Website and approve the General Terms and Conditions of Use. The Beneficiary warrants the accuracy of the information provided and the declarations made upon registration or at a later date. Upon creation of his Beneficiary Account, the Beneficiary must define his Connection Details. The Beneficiary shall be solely liable for the conservation and use of his password.
7.5. The conservation and use of the Beneficiary's Connection Details shall be carried out under his sole liability. In particular, the Beneficiary is notified regarding the safety issues inherent to the use of the automatic storage function of the Connection Details which may be authorised by its computer system and represents that he assumes full liability for the use and potential consequences of such function. Any use of the Beneficiary Account following the input of the Connection Details shall be deemed to be carried out by the Beneficiary and MOOZAR shall not be held liable under any circumstances for the detrimental consequences to the other contracting party resulting from illegal, fraudulent or abusive use of the Beneficiary's Connection Details. The Beneficiary is asked to promptly contact MOOZAR in the event of loss or suspicion of fraudulent use of his Connection Details. The Beneficiary is informed that in the event of loss of his password, he shall be unable to consult his Beneficiary Account.
7.6. Upon registration or at a later date, the Beneficiary may provide MOOZAR with his photograph and/or logo (hereinafter referred to as the "Illustrations"). Where applicable, the Beneficiary's transfer of the Illustrations shall be carried out under his sole liability and shall imply authorisation granted to MOOZAR to reproduce said Illustrations on the Website, as illustration of the Beneficiary's name, for all territories and up until closure of the Beneficiary Account.
ARTICLE 8: PAYMENTS, DONATIONS AND SETTLEMENT AGREEMENTS
8.1. Settlement Agreements
MOOZAR enables Beneficiaries to define for each Work whether they intend to authorise it (i) to only receive donations, or (ii) donations AND compensations pursuant to settlement agreements. In the latter case, MOOZAR is authorised to conclude MOOZAR Agreements which may have the effect of a settlement agreement. This option is solely reserved for Beneficiaries who have not assigned or contributed the reproduction right attached to the Works in question to a third party (including a collecting rights society).
In the event where for a given Work, MOOZAR is authorised by a Beneficiary to conclude MOOZAR Agreements which may have the effect of a settlement agreement, said Agreements may entail waiver by the Beneficiary of any claim and action against the signatory Internet Users in relation to the illegal reproduction of the Work in question (in particular, by means of unauthorised downloading), insofar as:
- the reproduction in question was carried out prior to the date of conclusion of said Agreements for the Internet User's private use but outside of the scope of the private copying exception;
- the amount paid by the Internet User for the Work in question is equal or higher than the minimum amount fixed by the Beneficiary.
In this case, the MOOZAR Agreement may constitute a settlement agreement.
All MOOZAR Agreements shall precisely specify the terms and conditions whereby they may or may not constitute a settlement agreement. The Internet User is consequently asked to closely read the MOOZAR Agreement before approving it.
It is pointed out to the Internet User that the same Work may be subject to copyright or neighbouring rights held by several persons. Therefore, MOOZAR may not under any circumstances warrant that the conclusion of a MOOZAR Agreement, pursuant to which the conditions for a settlement agreement are met, shall protect it against any claim or conviction by any person whatsoever other than the Beneficiary on whose behalf MOOZAR has concluded said Agreement.
The Internet User is also informed that a settlement agreement may not under any circumstances prevent proceedings lodged by the Public Prosecutor. (Including the "the graduate retort")
8.2. Selection of the Works and management of the Cart
Payment may only be made for Works included in MOOZAR's Catalogue.
In order to make a payment, the Internet User must first identify the Work to which the Payment relates, add it to his Cart and determine the amount of his Payment.
To this end, MOOZAR shall make a Cart available to the Internet User, which shall be accessible from his Internet User Account. In order to add one or more Works to his Cart, the Internet User may use and, if necessary, repeat one of the following two procedures:
8.2.1. Use of the MOOZAR Application: the MOOZAR Application enables a scan to be carried out of all or part of the Internet User's hard drive (depending on his choice) in order to identify the MP3 files present. The Internet User may consequently remove any file of his choice from the selection made, which once approved by the Internet User, shall be analysed by the Application (analysis of the file names and related tags), without MOOZAR having any knowledge of the results of such analysis. This analysis is only intended to check that the Cart does not contain any files reproducing works which are not included in MOOZAR's Catalogue. Upon completion of the analysis, the Internet User must select the Files for which he intends to make a Payment, check and then approve his selection. MOOZAR shall not under any circumstances warrant the relevance and exhaustiveness of the results obtained by the MOOZAR Application. It is further specified that MOOZAR does not provide any technical support, warranty or recourse relating to the MOOZAR Application.
8.2.2. Identification of the Work in MOOZAR's Catalogue and addition to the Cart
8.3. As soon as the Work has been added to the Cart, the Internet User must identify the Work of the Beneficiaries who have granted a Mandate to MOOZAR to whom the Payment must be made, from among those proposed by MOOZAR, and then input the amount of his Payment. At this stage, the information shown in the "Status" column of the Cart (Donation/Compensation) enables the Internet User to ascertain whether his Payment constitutes a settlement agreement in accordance with the terms and conditions of Article 8.1 hereinabove. In the event where the "Status" column states the term "Donation" for the selected Work, the Payment may only constitute a donation. If the term "Compensation" is shown instead of "Donation", the MOOZAR Agreement is concluded on this basis and may constitute a settlement agreement.
8.4. Confirmation of the Cart
When the Internet User has completed his selection, if he wishes to carry out a Payment, he must click on the "Payment" heading.
8.5. MOOZAR Agreement (optional)
In the event where the Internet User has an Internet User Account and he has first identified himself by means of his Connection Details, the click on the heading "payment" states the conclusion of the MOOZAR Agreement.
The Internet User is redirected to a secure internet page which enables him to make a Payment, via a secure payment system, by credit card (Visa, MasterCard) or by means of a PayPal account held by the Internet User.
8.6. Payment without a MOOZAR Agreement
In the other cases than those referred to in Article 5, the Internet User who approves his selection and clicks on the "Payment" heading is redirected to a secure internet page which enables him to make a Payment, via a secure payment system, by credit card (Visa, MasterCard) or by means of a PayPal account held by the Internet User.
ARTICLE 9: LIABILITY
9.1. Both the Internet User and the Beneficiary acknowledge that they have full knowledge of the general features of the Internet network and the limits thereof. MOOZAR shall not under any circumstances be held liable, directly or indirectly, due to any dysfunction of the Website resulting from a dysfunction of all or part of the Internet network, computer equipment or software used by the Internet User or Beneficiary due to any reason whatsoever.
9.2. MOOZAR shall not incur any liability with regard to any breaches of copyright held by writers, performers and sound or video producers, and generally any breaches of statutory provisions applying to literary and artistic property rights carried out by Internet Users.
9.3. Each Internet User and Beneficiary shall be responsible for taking all appropriate measures to protect their data and/or software against contamination by any virus circulating on the Internet and against any IT system intrusions.
9.4. The Internet User is informed regarding the fact that the information shown in MOOZAR's Catalogue, including the identity of the Beneficiaries, is provided to it by the Beneficiaries. MOOZAR may not under any circumstances be held liable by the Internet User due to any errors, omissions or false declarations which may be made by any Beneficiary.
9.5. MOOZAR undertakes to use its best endeavours to enable Internet Users and Beneficiaries to have access to the Website under the best conditions.
However, MOOZAR's liability shall not be incurred in any manner whatsoever due to the Website being down due to a force majeure event, defect in the operating of telecommunications equipment or network, or its technical service providers' telecommunications equipment or network, updating and maintenance of the Website.
ARTICLE 10: INTELLECTUAL PROPERTY
The general structure of the Website and its content are protected by in force legislation in France with regard to intellectual property and, in particular, copyright, neighbouring rights, trademark rights, image rights and in force international legislation.
All rights of reproduction are strictly reserved, including with regard to photographs, text, downloadable documents and iconographic representations.
In this respect, in the absence of MOOZAR's express authorisation, it is strictly prohibited to use the content of the Website and, in particular, reproduce, represent, modify or adapt all or part of such content.
ARTICLE 11: SUPPORT
MOOZAR shall provide Internet Users with technical support which may be consulted under the "Contact" heading shown on the Website.
ARTICLE 12: CLOSING OF A USER ACCOUNT OR A BENEFICIARY ACCOUNT
12.1. Closure of a User Account
A Beneficiary Account may only be validly closed if the Mandate granted to MOOZAR has first been terminated in accordance with the terms and conditions provided for by said Mandate.
If no Mandate applies, the Beneficiary may freely delete its Beneficiary Account. It is specified that such deletion shall have no impact on the MOOZAR Agreements previously concluded.
12.2. Internet User Account
The Internet User may close his Account at any time. It is specified that the closure of this Account shall have no impact on the MOOZAR Agreements previously concluded prior to the date of closure of the Account.
12.3. Closure of a User Account or a Beneficiary Account by MOOZAR
In the event of suspicion of fraud or use of a Internet User Account or Beneficiary Account in breach of the provisions of the General Terms and Conditions of Use, MOOZAR reserves the right to temporarily suspend or close said account.
ARTICLE 13: PERSONAL DATA
13.1. Use of the Website, creation of a User Account or a Beneficiary Account, the conclusion of a MOOZAR Agreement, even the payment of donations alone, may require MOOZAR to collect and process personal data relating to you, under its liability, such as for example, your surname, first name, country of residence, date of birth or e-mail address. Such data collection and processing, which are necessary to enable MOOZAR to provide the solution offered on the Website, are intended for the performance of our obligations deriving from the General Terms and Conditions of Use, Mandates and MOOZAR Agreements. Such data collection and processing shall be carried out in accordance with the provisions of Act No. 78-17 of 6 January 1978 relating to data protection, as amended by Act No. 2004-801 of 6 August 2004.
13.2. The Internet User is informed that if he concludes a MOOZAR Agreement, personal data relating to him (such as his surname, first name, country of residence and date of birth) shall be automatically provided to the Beneficiary on behalf of whom MOOZAR has concluded the MOOZAR Agreement with the Internet User.
13.3. All users of the Website shall have a right to object to the processing of his personal data. An Internet User's or Beneficiary's objection to processing of his personal data may have an impact on the use of the functionalities and solutions proposed on the Website. Moreover, the Internet User may have a right of access, modification, correction and deletion his personal data. The Internet User or the Beneficiary may access, modify, correct, indeed delete their respective key personal data held by MOOZAR via the Website, after inputting their Connection Details. The User or the Beneficiary may also exercise their right of access, modification, correction and deletion of their personal data by contacting MOOZAR in writing in this respect at the following address: MOOZAR, 23 rue d'Anjou, 75008 Paris. A copy of the Internet User's personal data may be provided to him upon request in writing and in return for a refund of the photocopying costs. However, MOOZAR is entitled to refuse requests which are clearly abusive, in particular in view of the number, repetitive or systematic nature thereof.
13.4. The Internet Users and the Beneficiaries are informed that some of their personal data may be passed on to MOOZAR's technical and banking service providers.
13.5. The Website has filed a declaration with the French Data Protection Authorities (Commission Nationale Informatique et Libertés (CNIL)).
ARTICLE 14: AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF USE
14.1. The General Terms and Conditions of Use may be consulted at all times on the Website. It is recommended that Internet Users and Beneficiaries print them.
14.2. MOOZAR may update the General Terms and Conditions based on all statutory, regulatory or technical changes and all amendments to the Website's functionalities. Where applicable, the Internet Users and the Beneficiaries shall be informed on the Website regarding any amendments to the General Terms and Conditions of Use and shall be asked to accept them.
14.3. In the event of disagreement by an Internet User or Beneficiary relating to the new General Terms and Conditions of Use shown by MOOZAR on the Website, the former General Terms and Conditions of Use shall continue to apply but MOOZAR may freely refuse to receive any new Mandate or Payment from the given Internet User or Beneficiary. Only the most recent General Terms and Conditions of Use accepted by the Internet User shall apply between MOOZAR and the Internet User. Moreover, only the most recent General Terms and Conditions of Use accepted by the Beneficiary shall apply between MOOZAR and the Beneficiary.
ARTICLE 15: MISCELLANEOUS
In the event where any provision of the General Terms and Conditions is null or unenforceable, the parties' mutual intent shall be taken into account to overcome such nullity or unenforceability, which shall not affect the remaining in force provisions of the General Terms and Conditions of Use.
The General Terms and Conditions of Use shall be governed by French law.