GENERAL TERMS AND CONDITIONS
1. DMS / NomadPlay
DIGITAL MUSIC SOLUTIONS, a simplified joint stock company with a share capital of 1,592.90 Euros, registered with the Paris Trade and Companies Registry under no. 801 364 308, whose registered office is located at 118-130 avenue Jean Jaurès - 75171 Paris Cedex 19 (France), having the intra-community VAT no. FR25801364308, can be reached by telephone on 09 71 43 24 49 or by e-mail at: firstname.lastname@example.org (hereinafter: "DMS") publishes a website accessible, in particular, under the domain name "nomadplay.app" as well as the "NomadPlay" application (hereinafter together: the "Site").
DMS provides to natural persons with full legal capacity and acting as consumers within the meaning of the law and case law (hereinafter: the "User(s)") digital services (hereinafter: the "Services") enabling:
- the broadcasting, in conditions of very high quality, of performances of musical works and their scores, and
- Users, to virtually substitute themselves for any of the performers to play in their place in audio immersion.
The Services are described on the Site as well as their conditions of operation and use, which use may - depending on the case - be authorised by DMS free of charge or in the context of paid supplies of individual tracks and/or paid subscriptions.
The supply of the Services - even when it is made in consideration of the payment of a sum of money - does not constitute a sale but a supply of services in the context of which the User is granted by DMS a non-exclusive, non-transferable license for the personal use of the said Services throughout the world, non-exclusive, non-transferable for - as the case may be - the duration of his registration on the Site and/or his subscription.
No ownership rights to the contents of the Site and/or the elements making up the Services are granted to the User, other than the aforementioned license of use granted solely on the Site and for the aforementioned durations only.
At the end of the registration to the Site or the subscription taken out, the said license will automatically terminate. On this date, the User may no longer use the Site, the Services, the contents and elements that make them up.
2. Registration to the Site - Acceptance of the Terms and Conditions
The present general terms and conditions (hereinafter: the "General Terms and Conditions") organise the terms and conditions of registration and use of the Site as well as the Services offered on it. Each User accessing, registering and using the Site must have read and accepted them without reservation.
The fact of accessing the Site implies the application of the stipulations and conditions defined below. Any User who does not wish to accept the present General Terms and Conditions must therefore refrain from using the Site.
The General Terms and Conditions are subject to change, and DMS reserves the right to modify them at any time. The General Terms and Conditions in force are those accessible on the Site in the "General Terms and Conditions" section each time a User connects to the Site. DMS will inform Users as soon as possible of any changes to the General Terms and Conditions by inviting them to consult the updated version of the General Terms and Conditions by means of a message on the Site.
It is specified that certain Services accessible on and/or from the Site may be subject to special conditions of use and/or sale to which each User concerned must adhere and which they must accept in order to access the said Services. In the event of contradiction between these General Terms and Conditions and the said specific particular conditions, the latter shall prevail over these General Terms and Conditions.
Use of the Site and Services is subject to registration, creation of an account and prior identification of the User.
In this context, the User undertakes to communicate only information that is his or her own, accurate and up to date and that does not infringe the rights of third parties or violate public order and morality.
DMS confirms the registration and creation of each User's account by automatically sending a confirmation request to the e-mail address provided in the registration form. The confirmation e-mail message sent by DMS includes a hypertext link that each User must click on in order to definitively validate their registration and the creation of their account.
When registering and at any time during their use of the Site and Services, each User undertakes to update the data and information concerning them. As such, he or she guarantees the truthfulness, accuracy and completeness of the information transmitted to DMS and shall be solely responsible for any error, omission or failure to update it.
DMS may ask each User to confirm - by any means - the information transmitted. If the User communicates erroneous information or refuses to comply with DMS's requests for proof, DMS may exclude the User from the Site under the conditions of article 3.
Once registered, the User may access the Services offered on the Site using an identifier and a password. The information communicated to DMS by each User during registration is strictly confidential. The User's login and password are personal to the User and remain under the User's sole responsibility. The User is responsible for the custody and risk of loss of the User's login and password. For this reason, the User must take all necessary precautions to ensure their confidentiality, security and correct use, in order to avoid their disclosure to unauthorized third parties. The User is solely responsible for the use by any other person of his or her login and password and, in particular, for all operations carried out via his or her account. Consequently, any connection to the Site via an account and/or transmission of data carried out using a User's account will be presumed to have been made by the holder of the said account and under his exclusive responsibility. In the event of fraudulent use of the User's password and/or login, the User undertakes to inform DMS in writing as soon as possible.
2.3 Orders - Subscriptions
As part of the registration to the Site, DMS may offer the User :
- to order individual pieces, subscription cards and/or
- to subscribe to one of the various subscription formulas allowing him/her to access all or part of the Services offered on the Site.
The conditions, contents and practical terms and conditions of orders and subscription formulas are detailed on the Site.
It is specified that these elements may be modified by DMS at any time, it being understood that any modification will only be applicable to orders and/or subscriptions taken out by the User after the said modifications. They will not affect previous orders or subscriptions in progress.
Each order and/or subscription is materialized by a succession of steps on the Site allowing the User to check the details of his order and/or the chosen subscription formula - including the description of the associated Services, their duration, their price - before confirmation and payment.
- The payment of the price is made:
o either, via the Apple Pay or Google Pay payment applications, under the conditions defined by their publishers, which the User must accept,
o or, by credit card. Only cards from the Carte Bleue, Visa, Eurocard, Mastercard network are accepted, of which the User is the personal holder and which mention his or her identity.
For the purposes of online payment, the User accesses a secure server certified by a certification authority. The User must provide the number of his bank card by filling in the online payment form. The transaction is then carried out according to banking security standards. In this context, DMS has neither access to nor keeps the User's bank card number.
By communicating his or her bank card number, the User accepts in advance and unconditionally that DMS will proceed with the secure transaction. The User thus authorizes his bank to debit his bank card in view of the records or statements transmitted by DMS, even in the absence of signed invoices. Authorisation to debit the bank card is always given for the amount of the order and/or subscription, as invoiced by DMS.
The bank card is then debited according to the acceptance made on the Site by the User and subject to full compliance with these General Terms and Conditions.
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums due, the order placed and/or the subscription taken out will not be recorded by DMS and the User will not be able to benefit from the associated Services.
- Upon confirmation and payment, DMS shall acknowledge receipt thereof by an e-mail sent to the e-mail address provided by the User.
As soon as DMS has received payment, DMS undertakes to allow the User to use the Services associated with the order or subscription for the duration of the order, except in the event of early termination as provided for in Article 3.
Except for subscription formulas subject to special conditions described on the Site, the subscription is taken out by the User for a period of one (1) month, at the end of which it will then be automatically renewed for successive periods of the same duration.
The User may, at any time, terminate his subscription early or decide not to renew it.
Subject to informing DMS on the Site in the section entitled "manage my subscription" no later than forty-eight (48) hours before the end of the current month, the subscription will be effectively terminated at the end of the month. The User will no longer be able to use the associated Services and the Site from this date.
If the User does not respect the aforementioned deadline, the subscription will be renewed for a new period of one (1) month and will only end at the end of this one (1) month period.
The early termination or non-renewal of a subscription will not give rise to any refund of the price previously paid by the User to DMS, unless termination is decided by the User due to a serious fault on the part of DMS.
The User benefits from a withdrawal period of fourteen (14) days following the payment of his order and/or subscription formula.
As an exception and in accordance with article L. 221-28 of the French Consumer Code, the aforementioned withdrawal may not be exercised for Services that have been fully executed before the end of the withdrawal period and whose execution has begun after the User's prior agreement and express renunciation of his/her right to withdraw.
To exercise his right of withdrawal, the User must notify DMS of his decision to withdraw by means of the withdrawal form available on the Site or by sending an unambiguous statement to: email@example.com.
The exercise of this right by the User entails for DMS the obligation to reimburse the full price of the Services concerned, except for those whose provision would have been initiated by DMS - at the express request of the User - before the expiry of the withdrawal period. In the latter case, the price refunded by DMS will be reduced by an amount corresponding to the Services actually provided by DMS until the right of withdrawal is exercised.
The User will be reimbursed within fourteen (14) days following the day on which DMS is informed of the User's wish to withdraw.
The User's refund will be made using the same payment method as that used for the initial transaction.
3. Warranty - Liability
- Each User declares, acknowledges and guarantees that he or she will only use the Services and/or the Site in strict compliance with the applicable regulations.
DMS may at any time, upon notice sent to a User by e-mail confirmed by registered letter with acknowledgement of receipt, exclude the said User from the Site and terminate his registration and, where applicable, his subscription, subject to ten (10) days' notice in the event of failure by the latter to comply with his obligations under these General Terms and Conditions not remedied within this period and, in particular, in the event of the supply of non-compliant identification or personalisation elements and/or inaccurate or outdated identification information and/or in the event of infringement of the rights of DMS or third parties and/or violation of applicable laws and regulations and/or breach of morality or public order.
It is specified that DMS will exclude the User without notice in the event of a serious and non-repairable breach committed by the User, without prejudice to any damages that DMS may claim in this respect.
- For its part, and for the only elements of the Site published directly by DMS and in particular the Services provided therein, DMS undertakes to respect the rules of art and regulations applicable to the Services with respect to the User.
Within the framework of an obligation of means, DMS provides the necessary efforts to allow uninterrupted access to the Site and Services by the User. However, DMS cannot guarantee that the Site and Services will always be accessible and in good working order. It implements the necessary measures to ensure their availability.
For technical reasons, however, a temporary interruption of the Site and/or Services is possible. DMS will do its best to inform the User of the nature and duration of any interruptions, but cannot be held liable in the event of unavailability of the Site or one of the Services.
DMS shall not be held liable if the User is unable to access all or part of the Site and/or Services due to any technical defect or problem, including but not limited to: Internet network congestion, failure of Internet service providers, human or electrical error, malicious intervention, software or hardware malfunctions and/or force majeure.
Furthermore, it shall not be held liable for any indirect damage (loss of data, financial loss, loss of profits, loss of opportunity) that a User may suffer as a result of the Site and/or one of the Services for any reason whatsoever, in particular, due to his connection to the Site, the impossibility of accessing or connecting to the Site, or the non-functioning or functioning of all or part of the Services. In particular, damage that may arise from inaccurate content, errors, slowness or interruption in transmission, loss, disappearance or alteration of data, viruses, whatever their origin, intrusions by third parties and, more generally, the use of the Site or a Service or the impossibility of using them are covered.
4. Intellectual Property
All the elements of the Site - in particular: its structure, the Services offered on it, their content, the information presented on it, the illustrations, photographs, images, musical compositions, scores, interpretations, sounds and videos, their organisation, the databases and the algorithmic and/or software tools used on it - are protected by copyright, trademark and intellectual property rights.
DMS grants the User who accesses the Site a personal, non-exclusive right to use the Site, the Services and their contents. Consequently, the User undertakes to respect the intellectual property rights relating to the Site, the Services and the elements composing it and, in particular, not to:
- reproduce, represent, modify, alter or redistribute without the prior authorization of DMS, any element contained on or relating to the Site and/or Services;
- divert or make commercial use of the Site, Services and/or content that is offered without the prior express consent of DMS;
- extract, reuse, store, reproduce, represent or conserve, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or any qualitatively or quantitatively substantial part of the Site, as well as to carry out repeated and systematic extraction or reuse of qualitatively and quantitatively non-substantial parts when these operations clearly exceed the conditions of normal use of the Site and/or Services.
5. Final Stipulations
- If any provision of these Terms and Conditions should be declared null and void or unenforceable by a Court of competent jurisdiction, it shall be deemed to be unwritten and all other provisions of the Terms and Conditions shall remain in full force and effect unless its unenforceability materially affects the balance of the Terms and Conditions.
DMS will replace the provision declared null or inapplicable by a valid and enforceable clause having as much effect as possible the same effect as the provision declared null or inapplicable should have had.
- Unless mandatory provisions to the contrary, such as those arising from EC Regulation No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I), the General Terms and Conditions are subject to French law.
In the event of any difficulty concerning the Site and/or arising from the use of the Services, the User will have the possibility, before any legal action, to seek an amicable solution with DMS and to have recourse to the Consumer Mediator to whom the latter is subject.