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The following items, as well as any updates, additional terms and all of the Vialma rules and policies referred to, constitute a contract between you and Vialma, setting out the terms and conditions governing your use of the Vialma.com website. Hereinafter the “Agreement” between you and Vialma. By joining Vialma, you accept these conditions.
Article 1 – About Vialma and Its Services
The Vialma website, the address of which is http://www.Vialma.com, and the mobile application available on Apple and Android stores (hereafter called “Vialma”) is a publication of Musikazoo, S.A.S.
Vialma is a web service that gives subscribers (hereafter “Subscriber” or “Subscribers”) access to a growing catalog of musical works, as well as to a database of information on these works, their composers, and the musicians who interpret them, all based on the subscription plan chosen. Vialma Subscribers can download a portion of these works in MP3 and CD-quality format, provided they respect the conditions detailed in this contract. The Site offers three subscription plans:
Moreover, the information on Vialma is also accessible to internet users who have signed up for an account. These users cannot, however, access the music catalog if they haven’t paid for one of the three subscription plans.
Article 2 – Conditions of Use and Terms of Service
Vialma is accessible to Subscribers and Users 24 hours a day, 7 days a week. Access is possible via personal computer as well as mobile platforms such as tablets and smartphones. The services provided in the subscription plans are only available from a single connection at a time. Vialma uses various technological means to verify absence of connection and detect multiple simultaneous connections.
Site access and mobile app access requires a high-speed internet connection, as well as computer equipment such as a personal computer or a smartphone. Neither the connection nor the computer equipment or any means of accessing the Site are not paid for/covered by Vialma. It is the responsibility of the Subscriber to obtain, at his or her own cost, the necessary means of accessing the Site.
Vialma reserves the right to make any technical modifications or improvements it desires. Consequently/as a result, it reserves the right to temporarily suspend access to the Site without warning or indemnity, in order to perform maintenance operations related to technological improvement or necessary to the continuity of service. Subscribers absolve Vialma of all responsibility/liability related to this process.
Article 3 – Subscriptions
3.a Price and payment
The price of each subscription plan is listed on the Site in euros or pounds, all taxes included.
Vialma reserves the right to modify the price of any of its services/commercial offerings. In such a case, it will inform each Subscriber concerned by email via the address provided by the Subscriber, at least 15 (fifteen) days before the change takes effect. Upon receiving this email, Subscribers can cancel their subscriptions by accessing their account on the Site; the cancellation will take effect at the end of the current monthly subscription period. If a Subscriber does not cancel, the new fees will apply starting with the next monthly subscription period following the date when the fee changes take effect.
Any increase in VAT (Value-Added Tax) will automatically and immediately be reflected in our subscription prices. The same goes for any new tax created that would apply to the price of the commercial offering and that Vialma would have to pay. The cancellation conditions specified above in case of modification of subscription prices also apply in the same way in the case of price modification due to an increase in taxes or the creation of new taxes.
Payment for the Service is required in advance of each subscription period (i.e., at the beginning of each month or year). For greater security, Vialma has partnered with Ogone, a subsidiary of the Ingenico Group, a European leader in online payment. As a result, Vialma does not keep any Subscriber’s bank information on record.
3.b Duration and automatic renewal
Subscriptions begin once Subscribers receive a confirmation email from Vialma at the email address they provided on signing up.
Subscribers can choose monthly or annual subscriptions. Subscriptions are renewed automatically for the same length of time as the initial subscription, and at the current rate for that subscription.
All free trials where a payment card or method has been requested prior to trying, become monthly or yearly subscriptions at the rate indicated in the offer, or, failing that, at the applicable rate for monthly or yearly subscriptions.
3.c Absence of the right of withdrawal
In accordance with the provisions of Article L. 121-20-2 1° of the Consumer Code, the Subscriber recognizes and accepts specifically (i) that the service to be provided begins as soon as his subscription has been confirmed/validated before the end of the seven days (exclusive) required by the Consumer Code, and (ii) that as a consequence, he does not benefit from the right of withdrawal connected to online and long-distance sales. As a result, no request for withdrawal, cancellation, or reimbursal will be accepted for the subscription period.
Subscribers can cancel their subscriptions at any time via the “My Account” section of the Site or by writing an email to guillaume@Vialma.com. Cancellation is effective at the end of the current subscription period, provided that the cancellation request was sent at least 72 (seventy-two) hours before the period’s end.
Subscribers who have opted for monthly payment and wish to cancel their subscription must obey the following rules:
Article 4 – Subscriber Declarations and Agreements
The Subscriber alone is responsible for the consequences of the use of his or her account until its deactivation, and, consequently, the Subscriber absolves Vialma and its partners, transactors and beneficiaries of all responsibility for the use of the account.
The Subscriber agrees:
Without prejudice to any damages that Vialma might incur, Vialma reserves the right to suspend a Subscriber’s access and/or cancel outright, rightfully and without notice or indemnity, the subscription of any Subscriber who fails to respect one or more of the agreements and declarations noted above.
Article 5 – Relationship between Vialma and the Subscriber
For lack of opposing elements provided by the Subscriber, the records kept in the computer systems of Vialma and its partners under reasonable and appropriate levels of security are considered proof of communications, orders, validations and payments transacted between the Subscriber and Vialma. This information will prevail between the parties, except if the Subscriber provides written proof to the contrary. This data is stored on reliable, durable backup media so as to create an exact copy of the originals, in accord with Article 1348 of the Civil Code.
Article 6 – Personal data and cookies
With respect to the automatic processing of personal data, Vialma is subject to current legislation concerning the protection of privacy.
The data collected on the Subscriber are subject to computer processing that is necessary to the handling/management of his or her subscription. To this end, they can be shared with companies tasked with overseeing, executing, and processing payments. Said data are also kept for security reasons, in order to respect the legal obligations to which Vialma is subject. They are handled and stored securely on the premises of the Site’s hosting service, which itself is named in the legal information on the Site. him.
In accordance with the Data Protection Act No. 78-17 of 6 January, 1978, subscribers have the right to access and rectify information concerning them. If they wish to exercise this right and obtain information about themselves, the Subscriber is invited to contact Vialma via the Website by clicking on the “Contact us” section or write to the founder at firstname.lastname@example.org or email@example.com. In accordance with the legislation in force, the Subscriber may request the deletion or transfer of personal data concerning them.
The Subscriber acknowledges that data regarding his subscription can be communicated, in order to comply with law, or upon any court decision.
Vialma installs cookies on the Subscriber’s computer. Cookies record information relative to Site navigation effected from the Subscriber’s computer, as well as any other platform, such as tablets and smartphones—information on the pages visited, the date and time they were visited, the music listened to, etc. This allows Vialma to facilitate the Subscriber’s navigation of the site and prevents the Subscriber from needing on each visit to provide information he or she has previously given. It is specified that the shelf life of “cookies” implanted by Vialma is less than 30 days.
No data concerning a Subscriber or a Subscriber is marketed to third parties.
Vialma informs the Subscriber that his or her browser’s settings allow him or her to be informed of the presence of cookies, as well as to block them.
Article 7 – Intellectual property
The Site and the mobile application as a whole and all of their constituant parts (logos, domain names, recordings, photography, images, texts, biographies, etc.), as well as its database, are the exclusive property of Musikazoo and/or its contractors.
These elements are protected by the laws pertaining to intellectual property, notably copyright. Any and all use of the elements by the Subscriber outside of his or her subscription, in compliance with the provisions of the present terms and conditions of use and purchase, is prohibited.
Notably, any representation of this Site and/or its constituant parts, in full or in part, by any means whatsoever without the express permission of Vialma or Musikazoo, is prohibited and constitutes an infringement punishable in accordance with Articles L. 335-2 and following of the Intellectual Property Code.
Furthermore, a portion of the phonographic recordings available on the Site are protected by copyright. Thus, in accordance with the provisions of the Intellectual Property Code, they may only be listened to in a private context. Any non-private use may subject the Subscriber to prosecution and/or penalties.
Article 8 – Modification of the present terms and conditions of use and purchase.
Vialma reserves the right to modify these terms and conditions of use and purchase. In the event of modification, it will inform each Subscriber via his or her email address at least 15 (fifteen) days before the modifications take effect. If the Subscriber does not accept these modifications, he or she is free to cancel his or her subscription via his or her account on the Site. Such cancelation will take effect at the end of the current subscription period. In absence of such a cancelation, the new terms and conditions will apply starting from the beginning of the next subscription period following the date they officially take effect.
Article 9 – Applicable law and litigation
These terms and conditions of use and purchase are subject to French law.
In the event of litigation, the parties will seek amicable resolution before taking any judiciary action. If discussions fail, the French courts have exclusive jurisdiction over the dispute.
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