Jack Maestro :: Hit the web

 

GENERAL USING CONDITIONS

 

General using conditions of the website

 

The website Jackmaestro.com, accessible to the address http: // www.jackmaestro.com, is a website published by the company On Stage Production, Limited Company with a capital of 9205 Euros, registered in the R.C.S of Paris under the number 501 680 094, which the head office is located 16, Boulevard Saint Germain, 75005 Paris. The website Jackmaestro.com allows the unlimited music listening by means of Web radios, created according to musical affinities. Every user of this website is considered, before any use, for having acquainted with the present conditions and to have accepted them irrevocably.

 

1. Definitions

 

The terms defined below will have the following meaning for all the present general conditions: Account: after the acceptance of the present general using conditions, every user can proceed to the opening of an account by filling fields made for that purpose (user name, e-mail address and password). This account allows to have access to all the services offered on the website. Member: Every User who proceeded to the opening of an account on the website. Site: Website for public use accessible to the URL address http: // www.jackmaestro.com “Tagging”: consist in assigning to the titles listened to by the User several musical criteria according to the modalities planned on the Site. User: every person using the website Jackmaestro.com that he is member or not of the website.

 

2. Presentation of the services available on the website

 

2.1 On-line musical listening service offered to every User

 

The Site allows, every user, the unlimited music listening by means of Web Radios. The radio can be launched by the User of various manners. The User can enter first of all the name of an artist the space foreseen (planned) for that purpose. A radio starts towards the style of the artist selected. The user can also use the M.I.S (Music Intelligent System). The user makes a choice among criteria relative to instruments, to profile of the artist and to atmosphere. Then, a radio corresponding to all these criteria starts. Finally, the user can choose to launch a predefined radio which corresponds to a musical style: rock radio or pop radio, for example. The website also allows the access to a lot of information relative to the artists: biography and videos. Besides, Jackmaestro.com is a website having a community vocation. As such, all the Users are invited to “tag” the tracks which they will have listened to, by giving in particular their opinion onto the tempo, the humor or the dominant instrument of the song. A “pro tagging” area, including more refined criteria also exists. These “tags” have for vocation to (fuel) the website so that all the Users of Jackmaestro.com can take advantage of it.

 

2.2 Services for Members only

 

Some services available on the website are exclusively accessible to the Members. The Member will be able to proceed to the “recording”, on-line, of his favorite radios by clicking on ‘My account ‘ then, in the tab ‘My radios ‘. Any member is going to be also able to reach the area ‘Jackpot’ and so play to win presents or points in the conditions given in the regulation of the game.

 

3. Registration conditions

 

To become member of the website Jackmaestro.com, the User has to proceed to his registration. Every major person can proceed to its registration. The under 18 proceeding to their registration declare to have the capacity to proceed to it, that is to say, to have a parental consent. The holders of the parental authority guarantee the publishing company of the website of it. To join, once connected to the website Jackmaestro.com, the user goes in the square ‘create my account’. The user fills a form of registration by indicating various fields: email, password, confirmation of the password and the pseudo. Having accepted the general conditions of use of the website, the user confirms his registration. Exceptionally, in period of promotional campaign, the registrations can be made by means of a registration form. This registration form will appear when the Internet user, who is on another website, clicks an advertising banner for Jackmaestro.com. The Internet user informs the present fields about the form and clicks ‘to validate’. Then he receives an email including a link on which he has to click to validate his registration. This e-mail also recapitulates its e-mail address as well as its password. The user, who proceeded to his registration directly on the website or by means of a registration form, receives then an e-mail of confirmation reminding him his e-mail address and his password. Only one registration a person will be tolerated. In case of opening of multiple accounts, On Stage Production reserves the right to deny access to any web surfer to the website and to all services, for any breach of policy.

 

4.Personal data

 

According to the law n°78-17 of January 6th, 1978 relative to the computing, to the files and to the liberties and to the directive n°95 / 46 of October 24th, 1995 relative to the protection of the physical persons towards the data processing with personal character and with the free traffic of these data, the Member of Jackmaestro.com enjoys a right of access, rectification and opposition of the data concerning them. As a consequence, any Member is entitled to demand that is rectified, completed, cleaned, updated or erased, the information concerning him if this is inaccurate, incomplete, ambiguous or out-of-date. This demand, which has to include the address and phone number of the applicant, can be sent, in writing, to the following address: Jackmaestro.com/ On Stage Production 16, Boulevard Saint Germain 75005 Paris. Besides, this demand can also be made on-line, on the website, by going in the space ‘ My account ‘ and by following the instructions which are there. The Members can be brought to see proposing, subject to their assent, by the publishing company of the website, in particular by email, offers of development of customer loyalty, marketing or quite other activity taking place on other websites. The member can end at any time this service. He can make it, on one hand, by going in the space ‘ My account ‘, by marking the compartment which corresponds to ‘ Unsubscribe from the Newsletter ‘ and by validating his choice. On the other hand, by clicking the link appearing in the email of offer containing Newsletter that he received. On Stage Production reserves the right to yield, to rent or to use with his partners the address and phone number of the Members, subject to their assent, so that these partners send offers. If the Member, which had at first agreed to receive the partner offers, does not wish it any more, he will have to go in the space ‘ My account ‘, tick the compartment which corresponds ‘ Not to receive any more the partner offers ‘ and to confirm his choice. He can also write a letter in this purpose at the following address: Jackmaestro.com/On Stage Production, 16, Boulevard Saint Germain-75005 Paris. As from the reception of this letter, On Stage Production makes a commitment to stop transferring the data of the Member to his partners as soon as possible. On Stage Production would not know how to be responsible for contents of the other websites. In case of complaint, the Member will have to address directly the concerned website. The treatment of name specific data implemented for the needs of the game was the object of a statement with the CNIL and is registered under the number 1357299. Finally, the company On Stage Production reserves the right to pass on this information in the judicial authorities in case of requisition and according to the law.

 

5.Responsibility of the user

 

The User makes a commitment not to modify or to distort, or to try to modify or to distort, the website or its contents. The User makes a commitment not to make of the website a misuse in particular by downloading or by trying to download, to copy or to capture, in a illegal way, the musical tracks which are on the website. The User makes a commitment to proceed to an honest and conscientious taggage of musical tracks, that is to say, not to choose fields at random. On Stage Production reserves the right to proceed to studies of coherence. Indeed, the site Jackmaestro.com includes a community dimension. The User would not know how to miss respect to the other Members of the community by falsifying the results of the tagging which have vocation to fuel the website. In case of abuse, On Stage Production reserves the possibility to end, in a one-sided way and without advance notice, to the account of the Member and\or to prevent the access to the website to every User. The User is responsible for the contents which he puts on the site in particular when he makes comments on the blog or on the forum. He has to respect the French legislation current in particular, the measures relative to the ban on the apology of the crimes against humanity, on the incitement of hatred, in the violence and in the pornography, of the provocation to commit crimes or offenses, insult and defamation, protection of the private life or still the counterfeit. This list is not restrictive. Furthermore, the User is also the only one who is responsible for the contents of the messages which he can write when he uses the feature ‘ Make discover Jack to a friend ‘. The User is the only one who is responsible for the use which he makes of the website. Besides, it is strictly forbidden to create a hypertext link towards Jackmaestro.com without authorization, offenders will be fined. Finally, the user has the obligation to make sure the confidentiality of his password.

 

6.Limitations of responsibility of the company

 

The company On Stage Production reserves the power, unilaterally and without advance notice, to modify, to suspend or to stop the access to the services proposed on Jackmaestro.com and\or the services themselves. No compensation can be asked it as such. However, in case of suspension of one of the services of the website, the publishing company promises to inform the Users about the homepage of the website. Also, On Stage Production reserves the right to modify, unilaterally and without advance notice, the present general conditions of use. Thus, the Users are invited to consult regularly the general conditions to know about various modifications which are made. Furthermore, On Stage Production cannot see its involved responsibility in case of impossibility of access to the site Jackmaestro.com linked to a failure of the network, the servers or any other event on which On Stage Production has no power to act. The publishing company cannot be held liable of the fact in particular of the speed of load and display of pages contained on the website or speed of reading of the musical tracks. Besides, towards the characteristics and the particular limits linked to Internet, On Stage Production declines any responsibility as regards the incidents resulting from the connection with Internet via the website Jackmaestro.com. On Stage Production is not responsible for damages, material or other, direct or indirect, suffered by the users of the website as, among others, the damages caused in the computer hardware, in the data which are stored there, or in their personal, professional or commercial activities. Also, On Stage Production is not responsible for activities and contents of the other websites or commercials towards which Jackmaestro.com refers to as far as it exercises no control over them. The publishing company of the website cannot, also, be held liable when the access to the services and to their contents is impossible for the user because of an incompatibility of its computer hardware. Finally, the responsibility of On Stage Production cannot be held liable in case of facts independent from its will or in case of force majeure. This list has no restrictive character.

 

7.Intellectual property

 

The website Jackmaestro.com is protected by the French legislation current. The architecture of the website Jackmaestro.com is the exclusive property of On Stage Production. The whole website and the contents (software, texts, comments, illustrations, pictures), used or reproduced on the website or the other websites which the website allows the access, are the exclusive property of their holders. They make, as such, the object of a protection by the copyright. Thus, no reproduction of the contents is possible without authorization, at the risk of legal proceedings. The brand Jackmaestro is a registered trademark of On Stage Production. All the brands, the logos and the distinguishing features reproduced on the website as well as all the other websites which Jackmaestro.com allows the access thanks to hypertext links are the exclusive property of their holders and benefit from the protection of the measures of the Code of Intellectual property. Any not authorized reproduction of these brands, logos and distinguishing features constitutes a counterfeit for which their author(s) run(s) the risk of legal proceedings.

 

8.Cookies

 

Because of the acceptance of the present general conditions, the User recognizes, to the publishing company of the website, the right to install automatically cookies on the hard disk of his computer. However, the User has always the possibility to be opposed to the installation of cookies by defining parameters of his computer in this sense. Then, all the features of the website is not guaranteed.

 

9.Unsubscribe modalities

 

The member can, at any time, proceed to the cancellation of the registration of the website. For that purpose, he just has to go in the space ‘ My account ‘ and to make as follows: proceed to his identification, tick the compartment which corresponds to ‘cancel my registration of Jackmaestro.com ‘, validate his choice. This cancellation takes effect immediately. Nevertheless, as far as concerned the partners of the website, a period of four days will be necessary in order to this cancellation of registration takes effect.

 

10.Account deactivation

 

The company On Stage Production reserves the power to deactivate by rights the account of a Member even to deny access to the website to every User who would violate the current legislation and the present general conditions of use. This power can be used in particular if the user acts: in contradiction with the rights of others, against the interests of the company On Stage Production, if he proceeds to the opening of multiple accounts, gives false information concerning him or carries out an excessive ‘tagging’.

 

11.Applicable law and competent jurisdiction

 

The website as well as the present general conditions of use are exclusively governed by the French law. In case of litigation, the parties promise to look for an amicable solution above all appeal in front of the courts. In case of failure, the French courts of the competence of the Court of appeals of Paris will be the only ones to be competent.