General conditions of use and sale

It is expressly recalled that the User acts in his name and/or on his behalf and/or on behalf of the company he represents. In this respect, the User undertakes to respect and to ensure the respect of all the obligations incumbent upon him/her and upon the company he/she represents within the framework of the use of the Site and its contents, in accordance with the following provisions, and guarantees CLAP MUSIC AGENCY against any recourse in this respect.

The CLAP MUSIC AGENCY website (hereinafter referred to as “the Site”) is published, developed and operated by the company CLAP MUSIC AGENCY, located at 1 Esplanade Augustin Aussedat Cran Gevrier 74960 Annecy RCS 888 082 500 (hereinafter referred to as “CLAP MUSIC AGENCY”). The director of the publication is Jonathan MOURRE.

 

The Site is hosted by: the hosting company OVH

(www.ovh.com).

The purpose of these T&Cs is to set out the terms and conditions of access and use of the Site. Access to and use of the Services are subject to these GTC. By using the Site and/or the Services, the User automatically agrees to accept all of the terms, conditions and disclaimers contained herein, and agrees not to use the Site and/or the Services in a manner that violates these GTC. In the event that a User refuses to adhere to these T&Cs, he/she must refrain from accessing the Site and is not authorized to access or use the Site and/or Services by any other means.

The applicable GTC are those in force at the date of each connection and use of the Site by the User. However, CLAP MUSIC AGENCY may freely change the GTC at any time in order to adapt them to the evolution of the Services. These modifications are brought to the attention of the Users by the simple fact that they are put online. Consequently, they are deemed accepted without reservation by any User who accesses the Site after said posting. CLAP MUSIC AGENCY therefore invites the User to consult the GTC at each visit in order to be aware of their latest version available on the Site.

Any new Service integrating new techniques or new characteristics improving the quality of the existing Services will also be subject to the present T&Cs, unless expressly provided otherwise.

 

For the purposes of these general terms of use:

“GTC”: refers to the provisions set forth herein, accepted by the Users, governing access to and use of the Site.
“Users” refers to individuals or legal entities meeting the conditions set forth below, registered on the Site and having a User Account.
“User Account”: refers to the space reserved for the User (subject to registration) on the Site by means of a personal identifier and password, and allowing him/her to access the Content/Services offered on the Site.
“Content”: refers to the catalog of musical works of illustration of which CLAP MUSIC AGENCY is the publisher, including in particular the musical works and related metadata (photographs, images, texts, articles, illustrations, etc.).
“Musical Works”: refers to the musical works of which CLAP MUSIC AGENCY is the publisher under the copyright. For the purposes of the present document, they also include phonographic Recordings reproducing these Musical Works protected by the neighboring right of producers of @phonograms within the meaning of Article L213-1 of the Intellectual Property Code.

“Services”: refer to the services accessible on and/or from the Site and published by CLAP MUSIC AGENCY which are linked to the CLAP MUSIC AGENCY online music search, listening and download system offered and provided by the Site.

2.1

The User wishing to access the Services offered by CLAP MUSIC AGENCY must be equipped, at his own expense :

a functional Internet access connection ;
a minimum downstream speed of 10 Mbits/s in reception and 400 Kbits/s in transmission (ADSL equivalent);
and a personal computer with a minimum configuration including a 2 GHz processor and a 4 GB RAM memory under Windows 10 or Mac OSX operating systems, equipped with the browsers “Google Chrome”, “Mozilla Firefox” or “Apple Safari” in their latest update.

CLAP MUSIC AGENCY may be led, without its responsibility being engaged, and in a concern of organization and good functioning of the Site and/or Services to define constraints, in particular technical constraints that the User accepts.

Thus, CLAP MUSIC AGENCY may in particular be led to remove Musical Works from the Site at its own discretion, without notifying the User.

 

2.2

CLAP MUSIC AGENCY may modify, temporarily or permanently interrupt the Site and/or the Services, without having to inform the User in advance, which the User acknowledges.

 

The User acknowledges that CLAP MUSIC AGENCY has an obligation of means regarding the provision of the Services and will make its best efforts to guarantee the accessibility of the Site. CLAP MUSIC AGENCY may therefore interrupt access, in particular for reasons of maintenance or upgrading in order to ensure the proper functioning of the Site, without any obligation to inform the Users in advance. Access may also be interrupted for any other reason, in particular technical, without any obligation to provide prior information.

 

Thus, CLAP MUSIC AGENCY does not offer any guarantee concerning the risks of interruption or malfunction linked to the connection, the congestion of networks and/or computer systems, the intrusion of unauthorized third parties and contamination by possible viruses circulating on said networks and services.

The Site is in no way responsible for the consequences that may result from these interruptions for users or any third party. The Site is not intended to provide assistance or a “hotline”.

 

CLAP MUSIC AGENCY shall not be held responsible in the event that the interruption or alteration of the quality of the Site is due to the occurrence of a case of force majeure. Are considered in particular as cases of force majeure, exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture and blocking of electronic telecommunications networks, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the present GCS, or any other event of force majeure or fortuitous event, as defined by the legislation in force and the jurisprudence of the Court of Cassation.

 

2.3

Access to the Site and Services is subject to the User’s prior registration, identification and use of a User Account.

 

When creating a User Account, the User will be asked to choose a personal identifier and an associated password (hereinafter together the “Access Codes”). The User acknowledges that he/she is fully responsible for keeping his/her Access Codes confidential.

 

To complete the registration process, a registration form will be submitted to the User so that he/she can provide CLAP MUSIC AGENCY with certain personal information (such as, by way of example: surname, first name, e-mail address, company represented, telephone number, country of connection, etc.), which may be compulsory or optional, depending on the information provided on the form. If the User fails to provide the information mentioned as being compulsory, it will not be possible to validate the creation of a User Account.

 

The User undertakes to fill in the registration form correctly and to communicate only accurate, up-to-date and complete information and in particular not to use a pseudonym in his or her e-mail address or an e-mail address that could infringe the rights of third parties (in particular use of the patronymic name, pseudonym, brand name of others, or works protected by intellectual property law) in any capacity whatsoever and whatever the basis. CLAP MUSIC AGENCY reserves the right to refuse any registration that does not respect the conditions stated above and/or to demand the correction of the pseudonym.

 

An email sent to the email address provided by the User will confirm his registration and the creation of his User Account.

 

CLAP MUSIC AGENCY cannot be held responsible if the data relating to the creation of the User’s Account does not reach it for any reason for which it cannot be held responsible (for example, a problem of connection to the Internet due to any reason whatsoever on the part of the User, a temporary failure of its servers, etc.). The same shall apply if the data reaches it illegible, partially illegible or impossible to process due to incompatibilities or technical failures attributable in particular to the User’s installations (Internet server, hardware, software, etc.).

 

The User’s Access Codes are strictly personal and confidential. The User is solely responsible for the custody and use of this information.

 

The User is responsible for any activity carried out when his/her Access Codes are used to connect to the Site. Any connection to the Site via a User Account and/or transmission of data made using a User Account will be deemed to have been made by the User and under his exclusive responsibility. It is also specified that the User is entirely and exclusively responsible for the use of the Services by himself and by any third party whatsoever.

 

The User agrees and undertakes to inform CLAP MUSIC AGENCY without delay in writing of any unauthorized use of its User Account, Access Codes or any other security defect coming to its knowledge, and to change its password if necessary. In no event shall CLAP MUSIC AGENCY be liable for any loss or damage whatsoever, whether indirect or consequential, arising out of or in connection with the disclosure of the User’s name and/or password.

 

CLAP MUSIC AGENCY authorizes access to the Site from any country, subject to the local legislation in force and applicable restrictions. Any User accessing the Site from a computer located outside of France expressly acknowledges having read, understood and accepted without reservation the terms of these GTC and undertakes to respect local legislation and all restrictions applicable to the country concerned.

 

2.4

CLAP MUSIC AGENCY has the right to terminate or suspend, at any time, access to a User Account as a registered User of the Site without prior notice, for any reason, including, but not limited to, non-compliance with any of the provisions of these T&Cs. The User agrees to waive CLAP MUSIC AGENCY’s liability following said termination or suspension of access to the Site or Services.

CLAP MUSIC AGENCY cannot be held responsible in case of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities.

 

The equipment you use to connect to the Site is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, in particular from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.

 

CLAP MUSIC AGENCY cannot be held responsible in case of legal proceedings against you : due to the use of the Site or any service accessible via the Internet; due to your failure to comply with the present general conditions.

 

CLAP MUSIC AGENCY is not responsible for any damage caused to you, to third parties and/or to your equipment as a result of your connection to or use of the Site and you waive any action against it as a result.

 

If CLAP MUSIC AGENCY were to be the object of an amicable or legal procedure because of your use of the Site, it may turn against you to obtain compensation for all the prejudices, sums, condemnations and expenses which could result from this procedure.

The personal data collected during the creation and operation of a User Account are necessary for the computer processing of the User’s account and for the sending of newsletters to which the User has consented. They are intended for the internal services of CLAP MUSIC AGENCY and its subcontractors.

 

In accordance with Law No. 78-17 of January 6, 1978 on Data Processing, Files and Liberties as revised by Law No. 2018-493 of June 20, 2018 on the protection of personal data, the User has the right to access and rectify personal data concerning him/her.

 

The User may also, for legitimate reasons, oppose the processing of data concerning him/her.

To exercise these rights, the User must contact CLAP MUSIC AGENCY:

via the link “Contact” permanently accessible at the top of the Site;
via the following e-mail address:

contact@clapmusicagency.com ;

• by writing to the following postal address : 1 Esplanade Augustin Aussedat 74960 Annecy.

 

The User has a right of access, rectification of erroneous data concerning him/her, and, in the cases provided for by the regulations, of opposition, deletion of some of your data, to limit their use or to request their portability with a view to their transmission to a third party.

 

To exercise his rights, he just has to contact the following address contact@clapmusicagency.com and attach, if necessary, any document to prove his identity and his request.

 

In case of unresolved difficulty, the User may refer the matter to the CNIL : https://www.cnil.fr/

For any use of Content that has not been the subject of a request for prior authorization and/or a prior declaration of use to CLAP MUSIC AGENCY, the User shall be liable, as a penalty clause, for an indemnity equal to 20% of the amount of the rights due for the use made.

The Site proposes an offer to purchase and download synchronization Content specially designed for the musical illustration of audiovisual works with a view to their reproduction for the purposes of television broadcasting within the framework of films, documentaries, television series, commercials, all radio programs, choreography (list of possible uses not exhaustive).

 

The Site also proposes an offer of free listening on demand of the Contents appearing in the catalog available on the Site.

7.1 Presentation of the Contents

The characteristics of the Contents offered with the sale are presented in the heading “LIBRARY” of the site.

 

7.2 Content Pricing

The “RATES” section of the Site indicates the prices in euros (excluding taxes).

The Content is provided at CLAP MUSIC AGENCY’s prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the User. These rates are firm and non-revisable during their period of validity, as indicated by CLAP MUSIC AGENCY.

 

CLAP MUSIC AGENCY reserves the right to modify its prices at any time but the Contents ordered are invoiced at the price in force at the time of the recording of the order.

The rates applicable to the use of Content produced by CLAP MUSIC AGENCY are those in force at the following address

: www.clapmusicagency.com.

For any operation not defined in the “Rates” section, the price will be quoted.

 

7.3 Terms of payment

The price is payable in full on the day of the order.

The following method of payment can be used: by Bank Transfer

 

The payments made by the User will only be considered as definitive after effective collection of the sums due to CLAP MUSIC AGENCY. The authorization to broadcast and/or reproduce delivered by CLAP MUSIC AGENCY will only become effective after the payment of the corresponding invoice.

 

CLAP MUSIC AGENCY invoices are payable within 30 days of their receipt. Any delay in the payment of an invoice will result in late payment interest at the rate of one and a half times the legal interest rate in force during the period in question, and this without prior notice.

8.1

CLAP MUSIC AGENCY is the owner of the intellectual property rights on all the recordings and musical compositions offered in the form of Content for downloading on the Site.

The Content offered for download on the Site does not include any technical protection.

 

CLAP MUSIC AGENCY offers a global license authorizing the User to reproduce on a non-exclusive basis all or part of the Content(s) in a specific audiovisual work (hereinafter referred to as the “Audiovisual Work”) intended to be broadcast on any known or unknown medium, for a period of 30 years from the first commercial exploitation of the Audiovisual Work, throughout the world, in return for the payment of a fixed sum.

 

8.2

Any use of the Content(s) before the payment of the corresponding lump sum to CLAP MUSIC AGENCY is likely to lead to prosecution on the basis of infringement of rights of which CLAP MUSIC AGENCY is the sole owner.

The authorization does not include the right to reproduce the Content(s) in the background of an audiovisual work other than the one declared by the User at the time of his/her order.

 

8.3

The fixed acquisition price does not cover the royalties due to the collective management organizations, which must be paid by the broadcasters of the audiovisual Work.

 

Therefore, once the license of use has been granted by CLAP MUSIC AGENCY under the conditions provided for above, the User undertakes to make the required declarations to the societies for the collection and distribution of rights and to pay, in the event that he/she himself/herself exploits the program incorporating the Musical work to the Collective Management Organizations, the royalties in force for copyright and related rights. Otherwise, the User undertakes to declare the use of the Musical work to the broadcaster or the program operator for payment of the corresponding rights to the relevant collective management organizations.

 

In the case of advertising works, the User undertakes to provide CLAP MUSIC AGENCY with a copy of the declaration form for the works as well as a copy of the media plan, mentioning the title of the advertising film, its duration and its territory of exploitation. The User also undertakes to communicate free of charge, within 5 (five) working days from the first broadcast of the advertising film, a copy of the DVD or other format reproducing each of the versions of the advertising films incorporating the Musical Work(s) belonging to the CLAP MUSIC AGENCY catalog.

 

In the case of long and short cinematographic films, television dramas and documentaries and, more generally, any audiovisual program, the User undertakes to provide CLAP MUSIC AGENCY with the list of works and synchronized recordings, titles, authors, producer, duration of use (cue-sheet), date of first broadcast and broadcaster, in the form of certificates dated and signed by the producer.

 

For all multimedia products and all audiovisual productions duplicated on DVD in particular, the User undertakes to provide, at the request of CLAP MUSIC AGENCY, proof of payment of mechanical rights to the competent rights collection and distribution company.

In accordance with the legal provisions in force concerning digital content supply services (art. L 221-28-13° of the French Consumer Code), the User acknowledges and expressly accepts that the supply of Content begins as soon as the order is validated, i.e., before the end of the 14-day period, and expressly waives the right of withdrawal: « The right of withdrawal may not be exercised for contracts: 13°) For the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal ».

 

The acceptance of the immediate start of the supply of the Contents and the express renunciation of the right of withdrawal for these Contents is formalized at the time of the validation of the order of the Content(s).

 

Consequently, the purchase of the Content(s) is firm and definitive. They cannot therefore give rise to exchange, reimbursement or the exercise of a right of withdrawal.

Any resale, exchange, rental of the Contents or transfer to a third party is strictly prohibited.

11.1

The User accepts that CLAP MUSIC AGENCY may include among its video references on the Site, the audiovisual works in which the Contents proposed on the Site are reproduced.

 

11.2

The User is informed that, during his visits to the Site, a cookie may be automatically installed on his browser. A cookie is a file, often anonymous, containing data, in particular a unique identifier, transmitted by the Site’s server to the User’s browser and stored on his hard disk. These cookies allow, at the time of each visit by a User on the Site, to carry out global statistical studies on the audience of the Site, to identify the User if necessary, to study the behavior of the User within the various sections of the Site and this, in order to better personalize the said Site in terms of organization, display and contents. The User has the possibility to oppose the recording of cookies by configuring his browser.

All the elements of the Site (in particular the structure, texts, photos, videos, data, posters, logos, brands and other elements) are reserved and protected by the legislations relating to the right of the intellectual property, in particular the royalties, the neighboring rights, the rights of the industrial property and cannot be used in some manner that it is without the written assent of their respective owners with the exception of the Musical Works.

 

All copyrights, neighboring rights and other intellectual property rights relating to all or part of the Content, texts, images, illustrations, software and other elements present on the Site are the property of CLAP MUSIC AGENCY.

 

CLAP MUSIC AGENCY grants the User the non-transferable, free, non-exclusive, personal and private authorization to use the Services and the Site for the purpose of searching for and downloading music potentially intended to be used in audiovisual productions created by professionals, and this in strict compliance with the conditions of use established by the present GTC.

 

Any unauthorized use of all or part of the elements of the Services and Sites and in particular of the Musical Works (piracy, counterfeiting, circumvention of broadcasting restrictions, etc.) may give rise to legal proceedings.

 

It is expressly forbidden to any User, whatever his quality or activity, to set up a mechanism of systematic referencing of all or part of the Contents of the Site (musical works, images, etc.), in particular by means of deep hypertext links, for the purpose of proposing, on any other site, service or application, a referencing of the aforementioned Contents intended for the public (in particular, any program schedule service or similar, etc.

 

CLAP MUSIC AGENCY and CLAPMA PUBLISHING are registered trademarks in France and in other countries. The use and reproduction of names and/or visuals registered by CLAP MUSIC AGENCY is prohibited without its express agreement. In general, any unauthorized reproduction of trademarks, names of Contents, services or companies mentioned on the Site is liable to infringement.

In the absence of execution by the User of any of its obligations, CLAP MUSIC AGENCY may, if it so wishes, after a formal notice sent by registered letter with acknowledgement of receipt remaining without effect within 8 (eight) working days of its presentation, terminate the authorization by right, and this, without prejudice to all possible damages.

If any part of the provisions of these T&Cs is found to be illegal, invalid or unenforceable for any reason, the term or terms in question shall be declared non-existent and the remaining terms shall retain their full force and effect and continue to be enforceable. The terms declared non-existent will be replaced by terms that most closely resemble the content of the cancelled clause.

By express agreement between the parties, the present general conditions of sale and the purchase and sale operations resulting from them are governed by French law and subject to the jurisdiction of the courts of Annecy.

 

In the event of a dispute relating to the validity, interpretation or execution of these general conditions, the parties will endeavour to seek an amicable solution as a matter of priority.

 

They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.