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1. Conditions relating to registering on the site as a member
2. Conditions relating to registering on the site as an Artist
3. Conditions relating to registering on the site as a Producer
4. Data protection and privacy
5. Legality of the content placed on line
6. Approval of the Special Conditions
7. Liability
8. Beginning and end of relations with Akamusic
9. Ownership of the site
10. Hyperlinks
11. Miscellaneous
12. Disputes
INTRODUCTION
The company set up under Belgian law Akamusic SA (hereinafter referred to as "Akamusic") runs an artist production community web site through the Internet at the following address: http://www.akamusic.com (hereinafter referred to as "the Site").
The company’s registered office is situated at 1050 Brussels, rue Gachard, 88 and is registered with the Banque Carrefour des Entreprises under number 0895.810.737.
The site is aimed at Artists, who are not bound by contracts to sound recording production companies in order to enable them to:
and is also aimed at Internet user “Producers” in order to enable them to:
The present General Conditions of Use aim to outline the provisions that apply to users, that is to say Visitors, who are defined as those that simply browse the site without registering as and those that apply to “Members”, who are defined as Internet users registered with the site and that have an Artist page and Internet users registered on the site that have a Producer page.
1. CONDITIONS FOR REGISTERING ON THE SITE AS A MEMBER
The Member undertakes not to set up or use accounts on the Site other than the one that was initially set up and attributed. Creating or using new accounts under the identity of either the member or a third party without having asked for and obtained the authorisation of the Site administrator (info@akamusic.com) may, without notice, lead to the immediate suspension of the member’s account or accounts.
Akamusic reserves the right to make any changes / add to any information and data provided at any time and without any prior warning.
2. CONDITIONS FOR REGISTERING ON THE SITE AS AN ARTIST
The Artist will create their personal page on Akamusic in accordance with the special conditions for artists
The Artist declares he or she holds the rights to the material placed on line and that he or she has retained a copy of every element making up this material. Consequently, the Artist will not hold Akamusic liable in the event of loss, theft or third party claims.
3. CONDITIONS FOR REGISTERING ON THE SITE AS A PRODUCER
The Producer will create his or her personal page on Akamusic in accordance with the special conditions for producers
The production service available on the Site is exclusively aimed at people aged 18 and over.
4.
PERSONAL DATA PROCESSING
Members are solely responsible for any personal information they may divulge on the Site, in particular on their personal page and undertake not to take action against Akamusic, in particular on the grounds of infringing the right of personal portrayal, damage to reputation or invasion of privacy.
Akamusic may not be held liable for anything that Members may divulge on their own initiative. Akamusic is not liable for the accuracy of the data provided or for the consequences that the circulation of those of another Member may have on a third party.
By registering as a Member on the site, physical persons give their explicit permission for their personal data to be processed by Akamusic the stated purpose of which is the possibility of concluding a contract.
By virtue of the legal provisions on this matter, Members have the right to information, a right to access, a right to correct and a right to oppose the use of their personal data that is held by Akamusic. Members may make contact with Akamusic at the following address info@akamusic.com.
5. LEGALITY OF THE CONTENT PLACED ON LINE ON THE SITE
In relation to any exchanges made on the Site, any messages posted by the Member represent only his or her personal opinion and will incur only his or her liability.
The Member may not publish any content that
The Member may not publish content over which he or she does not have the necessary rights with regard to reproduction, representation and communication to the public.
Akamusic reserves the right:
6.
APPROVAL OF THE SPECIAL CONDITIONS
The Producer Member forthwith undertakes to approve the special conditions that apply to Producers. see special conditions for producers
The Artist forthwith undertakes to approve the conditions applicable to Artists. see special conditions for artists.
7.
LIABILITY
Akamusic will not be held liable with regard to a Member for any loss or harm the Member may suffer that is a result of :
Akamusic will not be held liable, except under the conditions of common law, as a result of any direct and predictable harm that may be suffered by the User, in accordance with the provisions of articles 1150 and following of the Civil Code.
Nevertheless, Akamusic will not be held liable for any indirect harm. By express agreement between the parties indirect damage relates to any moral or commercial prejudice, loss of profits, turnover, orders, revenue or clientele, loss of data and any action that may be directed against the User by a third party and the resulting consequences.
Whatever the nature, the grounds or means of legal action that may be taken by the Member, Akamusic’s liability with regard to any direct harm for the entire period during which the service was provided and considering all causal factors, may not exceed an amount equal to 100 (hundred) euro for the whole duration of the execution of the present conditions.
It should be pointed out that every Member will be responsible for his or her own page and for the “disadvantages” that may arise from it (critical comments etc). Consequently, the Member will always have the option of managing the comments appearing on his or her page and will take the necessary precautions, leaving Akamusic free from any claims in this regard.
The User recognises that the guarantees and limitations in relation to liability that have been stipulated above equitably share the risks and responsibilities given the context and the fact that the service is provided free of charge.
The User recognises that Akamusic would not have concluded the contract without these limitations with regard to liability and the guarantee it establishes .
8.
BEGINNING AND END OF RELATIONS WITH AKAMUSIC
The present General Conditions of Use apply :
9.
SITE OWNERSHIP
The Site is the exclusive property of Akamusic. Generally speaking Akamusic grants a personal, non exclusive and non transferable right to access and use the Site free of charge. Any other right is expressly excluded without the prior written consent of Akamusic.
The lay-out, functionalities and generally speaking the Site engine are the property of Akamusic. These elements are protected by copyright and / or any other intellectual property rights or associated rights held by Akamusic.
All third party marks presented on the Site are trademarks held by their respective owners.
With regard to the Site, Akamusic reserves any rights that are not expressly granted.
10.
HYPERTEXT LINKS
A. Hypertext links relating to the promotion of the Artist
The User may participate in promoting the Artist
Akamusic makes hypertext links available to the Member relating to the Site’s public space containing photos, text and videos relating to the Artist.
Akamusic authorises the User to reproduce these links on personal pages in order to promote the Artist.
The User may not reproduce hypertext links for commercial purposes and / or for purposes that do not relate to the promotion of the Artist.
In any event, any link, even authorised, must be withdrawn on request on receipt of an e- mail from Akamusic.
B. Hypertext links other than those promoting the Artist
The Site may contain hypertext links to other web sites that do not belong to Akamusic or that are not controlled by Akamusic.
Akamusic has no control over the content, personal data protection charters or the practices of third party sites and will not be held liable in this regard.
Akamusic is not responsible for the availability of these sites and external resources and does not guarantee the advertising, products or other material that appear on these web sites or external resources or that may be accessible from these.
Akamusic will not be held liable for any loss or harm that the Internet user Producer may suffer as a result of the availability of these sites or external resources or the trust the Internet user Producer may place in the exhaustiveness, accuracy or existence of any advertising, product or any other material on these web sites or resources or that may be accessible from these.
C. Hypertext links to the Site
Without the prior authorisation of Akamusic any hypertext link to the Site is prohibited and in particular any that use the following techniques :
Any breach of the present provisions may lead to sanctions, in particular :
11.
PROMOTIONAL CODES, COMPETITIONS, GIFTS, ...
The maximum portion of promotional codes, competitions, gifts, …. is 10%. Above this percentage, Akamusic reserves the right to cancel the exceeding shares.
12.
MISCELLANEOUS
Should one or more provisions in the present General Conditions of Use be deprived of its effect, it will in no way affect the validity of the other provisions in the General Conditions of Use or of those of the General Conditions overall. The same would apply should the present General Conditions of Use have any loopholes.
The clause that has to be removed or that is in breach will be replaced by a legally valid clause that complies with the present General Conditions of Use.
13.
DISPUTES, COMPETENCE AND THE APPLICABLE LEGISLATION
These General Conditions of Use are governed, interpreted and applied in accordance with Belgian law, the language for its interpretation being French should there be any dispute about the meaning of any term or provision in the present document.
Subject to any public policy provisions that may apply in terms of jurisdiction, the courts in Brussels will be solely competent in relation to any dispute with regard to the present document. Belgian law will apply.