Agreement

Information

Finish

AGREEMENTS OF BUBBLEBEAT.COM

INTRODUCTION :

Any order on BUBBLEBEAT.COM supposes the consultation and preliminary acceptance full and whole and without reserve of these General Conditions of Sale. Consequently, the customer recognizes perfectly informed being owing to the fact that its agreement concerning the contents of these general conditions of sale does not require the handwritten signature of this document. The present General Conditions of Sale express the entirety of the obligations of the parts.

No other general or specific condition appearing in the documents sent or given by the exchanged parts and in particular electronic messages will be able to be integrated into the contract.

The legal relationship between the parts is interpreted in accordance with the French laws.

ARTICLE 1: GENERAL

The present conditions govern the sale on line by the BB&PP Company of music in remote loading under denomination BUBBLEBEAT.COM (hereafter called the SITE).

BUBBLEBEAT.COM is the mark under which the BB&PP company markets its SITE, i.e. a audio-visual catalogue allowing to place at the disposal of the Net surfer (hereafter called the USER) a service of remote loading "the request" for musical files strictly reserved at a private use (hereafter called SERVICE).

The system set up, which supposes an active step on behalf of the USERS, is in all points in conformity with the necessary requirements as regards remote sale via Internet and, for this reason in particular, with the articles L. 111 1, L 113-3 and L. 121-18 and following of the Code of consumption and in articles 1369-1 and 1369-2 of the Civil code, modified and/or introduced by the law n°2004-575 of June 21, 2004 for confidence into the numerical economy.

In accordance with the provisions of article 1369-1 of the Civil code:

• The present General Conditions of Sale can be preserved by any person visiting the SITE, the means of a data-processing recording and can in addition be reproduced by the USER, by the means of their impression.
• The present General Conditions of Sale will be applicable as long as they will be reproduced on the SITE. On the assumption that, subsequently to the date of their suppression of the SITE, the present General Conditions of Sale would remain nevertheless accessible to the public via other Internet sites or by any other means, they would not be however opposable any more in BB&PP.

ARTICLE 2 : THE USER

The SERVICE "Bubblebeat.com" is reserved to the private individuals and with the major people and cannot be used at professional ends.
However, the USER term employed in this agreement will include Disc jockeys (DJs). The term "use private" will include the use of the remote loadings by DJs as an element of their performances, in conformity with all the applicable conditions specified in ARTICLE 10 below.
I.e. Djs eager to use the files bought on the SITE during their performance are committed indicating to them play-list to the companies of author concerned. DJs are consequently committed guaranteeing to us against all the complaints of third concerning the use of the remote loadings bought on our SITE during their performance.

If you are relative or responsible legal and to validate this agreement for your minor, will know that you are entirely responsible for the use of this SERVICE by the minor, including all the expenses and legal responsibilities which he can generate.

The BB&PP Company can make all modifications which it will consider necessary to this SERVICE. The General Conditions of Sale will be then those in force on the SITE at the date of the confirmation of order, i.e. of the purchase, and not of the first inscription.
We thus invite you to return regularly to keep you informed of the evolution of the SERVICE.
In addition, the BB&PP company reserves the right to stop a SERVICE definitively or the whole of the SERVICES to come to propose by it on the SITE.

While clicking on the button "AGREE" located below, you validate a contract with legal value between you, USER and BB&PP representing his SITE and agree legally to be bound by all the procedures and conditions of this agreement.

ARTICLE 3: CHARACTERISTICS OF THE SERVICES

The SERVICE gives access starting from a computer PC or MAC, with the remote loading of audio-visual programs suggested with the sale in the form of files Mp3.

Mp3 is the standard technology and format to compress a file of sound or music in a very small file, while preserving the quality and the level of the its original.
Term Mp3 is an acronym of MPEG-1 or MPEG-2 Audio To bush-hammer 3.

A connection high flow to Internet is recommended the SITE uses mainly the technology Php coupled to a data base MySQL on a waiter LINUX.
The languages used are the XHTML, CSS, JavaScript, flash and of course Php. The site is optimized for a minimum resolution of screen of 1024 X 768.

The SITE is normally accessible by the USER 24 hours a day, 7 days a week and all the year except in the event of cause beyond control. BB&PP would not know, to in no case, held responsible in the event of disappearance, loss, deterioration and in particular of any damage likely to deteriorate the equipment of the USER.

The access to the SERVICE is ensured in a permanent way subject to the periods of maintenance and maintenance, the operations of update of the waiters and their possible exceptional interruptions.

ARTICLE 4: CREATE AN ACCOUNT

To reach the remote loading, the USER must create an account directly starting from the SITE whose URL of access is www.bubblebeat.com and to have a chart of payment of the type AIMED, MASTERCARD, X, Y, Z.

Note that for the protection of the USER, the SITE does not preserve the numbers of charts of payment.

This information must be seized with each new transaction.

To create an account, the USER must proceed to his inscription on the SITE, either in the course of order at the time to choose his means of payment, or before any purchase while clicking on the icon "My account" which appears permanently in top on the right on the site.

It is requested from the USER to choose an identifier and a password to be confirmed. Then other personal data will be requested from the USER, in particular following information: Name/First name/City/Postal Code/Country/E-mail Address

A summary of provided information is presented at the USER and an E-mail of confirmation of inscription is sent to him, taking again provided information. The USER must then click on the bond presented in this mall to activate his account for the first time and in a final way.

ARTICLE 5: RESILIATION AND CLOSING OF ACCOUNT

To give false or fraudulent information will constitute a violation of the terms of the agreement.

The SITE will close, with its only discretion, any account of USER if it thinks that an infringement occurred relating to the copyright, the rights deposited, the rights of ownership intellectual, in the event of non-payment of the purchases or on request of the legal authorities.
Or, in the event of non-respect by the USER of these Agreements or in the event of contrary intrigues with the interests of the SITE.

The USER will not try to reach the prohibited parts of the SITE. Any attempt to reach an unauthorized part of the SITE or SERVICE while pirating or by any other means (other that the use of its account and password) will constitute a violation of the terms of the contract.

The USER can choose to close his account constantly while indicating this written choice to us or by E-mail (see heading "Contacts").
With the closing of your account, all the definitions and the terms of this agreement will be still valid and will continue to govern the interpretation of this contract. Obviously, after the closing of your account, the file sharing Mp3 bought on the SITE remains prohibited and remains a violation of the laws relating to the intellectual property.

The USER agrees that it is not authorized to ask compensation for the closing of his account.

ARTICLE 6: PERSONAL SECURITY AND DATA PROTECTION

The USER is only responsible for safeguarding and the confidentiality for his identifiers (name of use and/or password) and other confidential data transmitted by the BB&PP Company at the time of his adhesion or in the framework of the contractual relations between this one and the BB&PP Company.
The USER thus commits himself taking any useful measurement to ensure this perfect confidentiality.

The USER commits himself notifying without delay at the BB&PP Company any communication with thirds or flight of his and/or his name password of user.
This notification will have to be addressed to the BB&PP Company by telefax confirmed by letter registered with notice of receipt (see heading contact), the BB&PP company beginning to decontaminate the access to the service within 48 maximum hour following the reception of this notification. The USER is only responsible for the use of the services which will be made under its identifiers until it asked the BB&PP Company a change of the latter. Only the handover date of the mail recommended with notice of receipt is taken between the parts.

It is specified that the SITE was regularly declared at the CNIL pursuant to the provisions of the law of January 6, 1978. The BB&PP Company in addition has the whole of the legal and administrative authorizations necessary for the exploitation of the SITE and its SERVICES.

The SITE stores personal information of the USER so:

• to fulfill its obligations with respect to its USERS,
• to make studies in order to create and develop contents intended exclusively for the USER,
• to inform does the USER of the special offers, recent information and any other new SERVICE create by the SITE,
• to contact the USER by mail or E-mail to carry out market research and to directly send offers to him general or given starting from its centers of interest. The USER also authorizes the BB&PP Company to communicate his personal data with thirds partners after authorization and while following the indications of "My account".

In accordance with the law of January 6, 1978 relating to data processing, the files and freedoms, the USER has a right of access, of modification, correction and suppression of the data relating to it. Under these conditions, the USER has the right, on written request signed for his hand, to receive information on the data processing relating to it. The USER will have to send his request to the BB&PP Company with the following address: 15ter Boulevard Jean Moulin / 44100 Nantes (France).
If the processed data are incorrect or incomplete, the USER can ask that this one be corrected, or removed by sending an E-mail to the BB&PP Company.

The SITE will be able automatically to collect information relating to the USER thanks to cookies making it possible to follow navigation of the aforesaid USER within the SITE.

The USER states to accept the possibility for the SITE of using the technique of the cookies or any other comparable technique allowing to trace his navigation within the SITE and to thus collect the data with regard to them.
The BB&PP Company states to have the whole of the legal and administrative authorizations necessary for the exploitation of the SITE and the SERVICES.

The SITE begins to respect the private life of the USER and to protect his personal data.

ARTICLE 7: ORDER

The USER consults the catalogue of the products offered within the SITE and makes his choice while clicking on the icon corresponding to the selected product. The product is then put in a "Basket".
The USER reiterates the operation for each product which it wishes to buy. Once the selected products, the USER clicks on the icon "Check Out".
A summary of the amount of the order is presented at the USER who confirms it by choosing his mode of payment.
The USER can retract constantly until the validation of the payment of his order per bank card (clicks on "Process").
After treatment automated and made safe order by our bank CREDIT MUTUEL, the USER has the possibility of downloading the SERVICES ordered on the page which appears entitled "Ready to download".

The bought files will be available in remote loading on the page "Ready to Download" during the 48 hours following the sale.

An invoice is immediately creates, sent by E-mail to the USER and also available in format Pdf on the SITE in the heading "My account".

Each numerical remote loading is regarded as an individual transaction. The USER agrees that any validation carried out by clicks constitutes an agreement.

The history of the transactions between the SITE and the USER is consultable constantly in the heading "My account".
The SITE reserves the right to cancel or refuse any order of a USER with whom there would be a litigation relating to the payment of a former order.
And more largely, the SITE reserves the right to refuse the SERVICE or the sale of products for any reason, with any user.

ARTICLE 8: RIGHT OF RETRACTATION

Pursuant to the article L 121-20-2 of the code of consumption, resulting from the ordinance n°2001-741 of August 23, 2001, the legal time of 7 days retractation does not apply to the present Agreements. The purchases of titles, albums, compilations are firm and final.

ARTICLE 9: PRICE

The prices are mentioned on the SITE.
The prices indicated are expressed in Euros all inclusive of tax (including all taxes) including the French VAT of 19.60% the SERVICE is invoiced on the basis of tariff in force at the date of the order, subject to possible errors of seizure or modification of the rate of VAT.
The SITE reserves the right not to accept orders with prices based on typographical errors.
The prices could be modified constantly by the SITE without notice.
The SITE does not guarantee refunding in the event of fall of price or promotional offer.

ARTICLE 10: INTELLECTUAL PROPERTY, RIGHTS RECOGNIZED TO THE AUTHORS OR THE HOLDERS OF THE CLOSE RIGHTS

It is recalled to the USER that the sanction of ignorance of the royalties and the close rights is the offence of counterfeit.

All the musical files, texts, comments, illustrations and images reproduced on the SITE are reserved for the title of the royalty, the close rights like to the intellectual document of title by their holders and for the whole world.
For this reason and in accordance with the provisions of the Code of the intellectual property, only the use for a private use subject to provisions different even more restrictive from the Code of the intellectual property is authorized. Any resale, exchanges, hiring of the files or transfer to a third, is strictly prohibited.

With regard to the musical files, the SITE recalls that it is only holder of right of diffusion of these files and that those are protected by the national and international regulations as regards royalty.

Any reproduction total or partial of the SITE at other ends that its use conforms to its destination and/or of its elements is strictly prohibited.

The USER profits as for him only from one personal right of use of these files, within a strictly private and free framework.
Any use out the framework of present is strictly prohibited and any use at ends other than private exposes the USER to civil legal proceedings and /or penal.
On the assumption that the accessible musical files on the SITE would comprise mentions of identification and/or technical measurements of control and restriction of use, or protection with regard to the thirds, you commit yourselves not to carry reached to these mentions or measurements and/or to modify them or be removing them.
You commit yourselves not to try to circumvent or modify the software necessary to the use of the service and not violating the present conditions not to make obstacle, modify or remove any information relating to the mode of the rights on the products, nor to encourage or help of the thirds to carry out such acts.

ARTICLE 11: RESPONSIBILITY

The SITE declines any responsibility for the contents for the titles, of the albums which it sells and more largely, for the contents of the sites of third that it puts in bond.

The responsibility for the SITE could not be committed in the event of non-respect of the legislation of the country where the recordings are downloaded.

The USER is only responsible for the use which it makes of the SERVICES which are sold by the SITE.

The SITE could not be held responsible for any dysfunction and/or any interruption in the provision of the offers of purchase of the recordings which would not be made clean sound.

The SITE could not be held responsible for the remote loadings lost, damaged or destroyed.

The USER accepts the provisional suspension of the access to the orders.

ARTICLE 12: PROOF

The parts begin to consider the whole of the documents and requests electronic which they will exchange within the framework of present and their execution like original documents the binder in a way full and whole and thus intend to allot to the whole of the electronic documents a probatory value. The range of the proof is that granted to an original within the meaning of a written document.

The filing of the orders/invoices is carried out by the SITE on a reliable and durable support and could be produced by way of proof.

ARTICLE 13: APPLICABLE DUTY AND PAYMENT OF THE LITIGATIONS

The present General Conditions of Sale are subjected to the French right.
In the event of difficulties occurring at the time of the ordering or of the service of the SERVICE, the USER has the possibility, before any action at law, to seek a friendly solution, in particular with the assistance of an association of consumers or any other council of his choice.

If it appears a dispute relating to the execution of this service and, in the absence of friendly agreement between the parts, the courts of NANTES (France) will be qualified to judge litigation.

Copyright Bubblebeat.com
CNIL n°1249494