Moja-audio terms

Preamble
Definitions
1. Scope
2. Services
a) Mixing or mastering Contest
b) Guaranteed contest
c) "One-to-One" Contest
d) SEPA Contest
3. Registration on the site
a) Musician Registration
b) Audio Engineer Registration
c) Premium Subscription for Audio Engineers
4. Service rates
a) Rates
b) Price revision
c) Billing of Moja-audio services
d) Terms of payment
e) 100% Guaranteed Refund (excluding Guaranteed Contest and "One-to-One" Contests)
f) Right of withdrawal
5. Compensation of the Audio Engineer
6. Obligations and prohibitions of the User
7. Penalties for breaches
8. Liability and warranty of Moja-audio
9. Personal data
10. Intellectual property
a) Intellectual property of the elements of the site
b) Copyright, access and protection of creations
11. Major force
12. Disputes
13. Applicable law and territorial jurisdiction
14. Evolution of the site, contents, services, procedures
15. Changes to the Terms of Use
16. Language
17. Entry into force
Preamble
the Moja-audio company
34 rue Billaudel 33800 Bordeaux
SAS with share capital of € 21,500
registered in the Bordeaux Trade and Companies Register under the number SIRET 83815039900015,
contact@moja-audio.com
represented by Mr Perego Nicolas
as President,
duly authorized for the purposes hereof.
The company can be reached by email by clicking on the contact form accessible via the homepage of the site or on contact@moja-audio.com.
Definitions:
"Chat" means a space accessible from the Contest Management page to allow a dialogue between the Musicians and the Participating Audio Engineers.
"Invitation Code": means the Code provided by the Site to Audio Engineers validated to proceed to their registration as a Audio Engineer and to participate in Contests.
"Contest": refers to all the stages related to audio post-production projects launched by a Musician (mixing, mastering, mix + mastering...).
"General Conditions" means these General Conditions of Use of the Website applicable to Visitors which may be consulted on the Site by any Visitor and to which they must adhere in order to become a User.
"Final Audio Files" means the Files transmitted by the Winning Audio Engineer to the Musician during the finalization phase.
"Source files": refers to all the recording tracks necessary for the implementation of an audio post-production project. These Files are made available on the Site by the Musicians.
"Service Fee" means the fee due to the Company from the payment made by the Musician in exchange for the intermediation service rendered (these Fees include the costs of the third-party payment provider, Mangopay).
"Winner" means the Audio Engineer who has won the Contest, he is designated in the final phase by the Musician who launched the Contest.
"Audio engineer" means any natural or legal person registered on the site for the purpose of participating in audio post-production Contests.
"My Account" means the personal space of the User on the Site. This space is accessible only by entering login credentials, and allows access to the Services provided by the Company. It also allows the User to view and modify his own personal data.
"Musician": means any natural or legal person registered on the Site for the purpose of launching an audio post-production contest.
"Musician Payment": refers to the amount of tax paid by the Musician to launch a Contest.
"Participant" means all Audio Engineers who have registered for a Contest.
"Reward" means the Musician Payment minus the Moja-audio Service Fee. Reward is for the Audio Engineer Winner of a Contest
"Rough mix": refers to a version of the song without mixing or mastering applied, it allows the Audio Engineers to discover the piece before participating in a Contest
The "Site" or "Moja-audio": means the community site accessible on the Internet at www.moja-audio.com, exclusive property of the Company.
"Company" means the Moja-audio SAS Company.
"Service(s)" means all the Services, whether free or paid, offered on the Site.
"User" means the natural or legal persons registered on the Site provided that they have previously adhered to the General Conditions.
"Visitor" means any person who visits the Site to view the content and information published on the Site without being registered or prior to its registration on the Site as a User.
1. Scope
These General Terms and Conditions of Use apply, without restriction or reservation, to all the Services offered by the Company on its Website, accessible in particular at the address www.moja-audio.com except specific conditions applicable to certain Services. which will be the subject of a particular communication.
Subscription of Services is reserved for Users who have read the Terms of Use in their entirety and have accepted them without reservation.
The User declares and acknowledges having read the Terms of Use in their entirety.
These Terms of Use take effect from their publication on the Site and remain in force until their partial or total modification by the Company.
The General Conditions of Use are updated regularly, and are therefore subject to change. In view of the possible extensions and improvements to the functioning of the Site, the Company reserves the right to adapt or modify at any time the scope of services offered through the Site. The Company reserves the right to unilaterally modify the Terms of Use at any time without notice.
The new features will be posted on the Site and will be brought to the attention of Users.
Acceptance of these Terms of Use constitutes acceptance of the General Conditions of Use of the services of our online payment operator MangoPay, available on the following link: "MangoPay Terms and Conditions".
2. Services
Moja-audio is an online collaborative platform designed and made available to the User.
The Site proposes to connect Musicians and Audio Engineers to carry out audio post-production projects. This linking is done through online contests.
Several packs are available to Musicians carrying projects according to their needs. To date, are available packs of: Mixing Contest, mastering and mix + mastering.
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Moja-audio considers the most appropriate.
a) Mixing or mastering Contest
Musicians have the opportunity to create and run mixing or mastering Contests from their own creation, and thus from their own audio file: source audio files (consisting of one or more recording tracks).
The Contests are open to Audio Engineers previously registered on the Site. At the end of a Contest, the Musician designates only a Winner who will receive a Reward.
The different phases of the Contests are as follows:
  • Qualification phase
  • Final phase
  • Finalization
If the Musician chooses an Express Contest, he makes his choice in a single phase, the Contest then begins directly in the Final Phase.
b) Guaranteed contest
In a Guaranteed Contest the Musician agrees to select a Winner according to the terms of the Contest entered. This option must be selected by the Musician in the contest creation form.
If the Musician does not select a Winner, Moja-audio reserves the right to withhold the Musician Payment and to distribute the amount equitably to the Finalists of the Contest. In the event that there are no finalists, Moja-audio will retain the entire amount collected.
In any case, the Musician can not be refunded.
c) "One-to-One" Contest
The "One-to-One" Contest allows a private and secure remote collaboration between a Musician and an Audio Engineer chosen on our platform. When creating a "One-to-One" contest, the Musician selects an Audio Engineer from among the finalists from its previous Contests. Access to the Contest is therefore closed to other Audio Engineers on the platform.
d)SEPA Contest
The reward for a SEPA contest can only be paid into a bank account in a SEPA country, which therefore has IBAN bank details.
In order to receive the SEPA Contest award, the Audio Engineer must hold a bank account with an IBAN.
3. Registration on the site
The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory.Incomplete registration will not be validated.
The registration automatically entails the opening of an account in the name of the User, giving him access to a Personal Account "My Account" which allows him to manage his use of the Services in a form and according to the technical means that Moja- audio considers the most appropriate to make said Services.
The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.
He undertakes to update his information in his "My Account" area in case of modifications, so that they always correspond to the aforementioned criteria.
The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity.The information entered by the User commits him as soon as it is validated. The User can access his "My Account" area at any time after logging in with his Login ID and Password.
The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality of his username and password. The User certifies to be over 18 years old when registering. The User must create a sufficiently secure password that will be used to access www.moja-audio.com and will be solely responsible for any inadvertent disclosure of his password and any fraudulent use that may result.The Site can not be held responsible, as the case may be, for the disclosure and / or the fraudulent use of the password of the User by a third party, and the consequences, in particular financial, resulting from it.
The User must immediately contact Moja-audio at the coordinates mentioned in the preamble herein if he notices that his Account has been used without his knowledge. It recognizes the right of Moja-audio to take all appropriate measures in such cases.
The User agrees not to create or use other accounts than the one originally created, whether under his own identity or that of third parties.Any deviation from this rule must be the subject of a prior written request from the User and an express and specific authorization from Moja-audio SAS.
The fact of creating or using new accounts under its own identity or that of third parties without having requested and obtained the authorization of Moja-audio SAS may result in the immediate suspension of the User's accounts and all associated services.
a) Musician Registration
To access the service offered on www.moja-audio.com, the Musician must create a Musician account by completing an online registration form and declare having read and accepted these Terms and Conditions of Moja-audio and Mangopay.
It is up to the Musician to fill out the form by inserting correct, valid, current and verifiable information.
b) Audio Engineer Registration
Via an invitation code sent directly by Moja-audio
To access the service offered on www.moja-audio.com, the Audio Engineer must create a Audio Engineer account by completing an online registration form, indicating his / her Invitation Code and declaring he / she has taken knowledge and accepted these General Conditions of Moja-audio and Mangopay.
It is the responsibility of the Audio Engineer to complete the form by inserting correct, valid, current and verifiable information.
Via an invitation code request form
If the Audio Engineer does not have an Invitation Code, he / she must complete an online application form, declare that he / she has read and accept the present General Conditions of Moja-audio and Mangopay.
It is the responsibility of the Engineer to complete the form by inserting correct, valid, current and verifiable information.
In this case, the registration of the Audio Engineer will be subject to validation by Moja-audio.This request may be refused on the grounds (non-exclusive) of a lack of quality of the information provided, a lack of professionalism and / or a lack of technical knowledge of the profession.
c) Premium Subscription for Audio Engineers
"Premium Subscription" means any subscription, subscribed by a Audio Engineer on the Site, renewable, without any minimum commitment period, and entitling to the following specific benefits and services:
The benefits reserved for subscribers of a Premium Subscription are:
  • The possibility of unlimited participation in the Contests of the "Contest" section on the Site
  • The opportunity to participate in Contests reserved for "Premium" subscribers
  • The possibility of listening only to all the proposals submitted by Audio Engineers on a Contest in which he participates.
Moja-audio reserves the right to change these benefits at any time.
Any Audio Engineer on the Site wishing to subscribe to the premium package offered on the site must go to the subscription subscription page, select the desired "Premium" subscription, and finally enter their payment information.
The Premium Subscription is for a period of 1 month, 3 months, 6 months or 12 months renewable.
4. Service rates
a) Rates
Registration on the Moja-audio platform is free for the Musician, and allows him to launch a Audio Engineers Contest for his musical project.
After having defined his needs according to technical and qualitative criteria, the Musician chooses the pack which suits him, fills the form of creation of the Contest and makes the Payment Musician.
The price of the services is determined by the choice of the pack made by the Musician during the creation of the Contest which, according to its needs, will opt for a pack bronze, silver, gold or platinum.
The prices of the packs can be consulted on the "Our packs" page of the Website.
When creating the Contest, the Musician may opt for a number of paid options.
The service charges for the connection proposed by Moja-audio are billed to the Musician who launches the Contest. The amount of these fees is a percentage of the amount inclusive of the cost of the overall service and includes the commission of the body of cashing for third parties (Mangopay).
These Service Fees, are billed to the Musician, and are collected by Moja-audio after reception of the final audio files by the Musician and validation of it.
Service Fees apply for each Contest launched.
Registration on the site in basic form is also free for Audio Engineers.
When registered, however, the Audio Engineer may choose to subscribe to a Premium Subscription.
The specificities of this offer are detailed in the General Conditions in article 3 - c).
Unless otherwise stated, prices are expressed in euros and all French taxes included on the day of invoicing.
Moja-audio reserves the right, at its discretion and according to the terms of which it will be the only judge, to propose promotional offers or price reductions.
b) Price revision
The price of Services may be subject to revision by Moja-audio at any time, at its discretion, with the exception of the variation of French taxation that will be immediately applicable.
The User will be informed of these modifications by Moja-audio by email with at least 7 days notice prior to the entry into force of the new rates.
The new rates will apply to any subscribed service after their effective date.
c) Billing of Moja-audio services
Moja-audio Services (Service charges, premium subscriptions and paid options) are the subject of invoices which are communicated to the User by any useful means.
The Service Fees related to validated Contest, confirmed by a payment and for which a Winner has been designated, are the subject of invoices which are communicated to the Musician by any useful means.
d) Terms of payment
The Site incorporates the Mangopay payment system. The acceptance of the Moja-audio Terms of Use automatically implies the acceptance of the Mangopay Terms.
Only one payment method is accepted: the credit card.
Payment by credit card is made via the secure payment module Mangopay.
Only card payments [blue / visa / master card] are accepted. When paying online, indicate the number of your credit card, its expiry date and the 3 numbers on the back of it. Online payment is secure.
The full amount of the Reward + Service Fee, the Musician Payment, is required to confirm the launch of a Contest.
e) 100% Guaranteed Refund (excluding Guaranteed Contest and "One-to-One" Contests)
This principle applies to Contests of all types (mixing, mastering and mix + mastering). Refund is possible if no participant is selected for the following phase.
If the Musician selects at least one Audio Engineer for the next phase, the Contest switches to Guaranteed Contest.
Requests for full refund by a Musician will be studied by Moja-audio, which reserves the right to judge their relevance, and will be treated on a case by case basis. The Musician must have undertaken to have provided all the information required in the Contest creation form, to have listened to the samples and to have actively communicated (if this feature is not disabled) with the Audio Engineers participating in the Contest in question, via the Chat available in the Contest Contest management area.
Requests for reimbursement must be made before the end of the choice period, by email to contact@moja-audio.com.
By definition, the "100% Guaranteed Money Back" principle does not apply to "Guaranteed Contests". The Musician who launches a Guaranteed Contest ensures the payment of the Reward and the selection of a Winner.(see section 2, b of the General Conditions)
f) Right of withdrawal
By accepting these Terms, the Musician who launches a Contest waives his right of withdrawal.
In the same way, the subscription to the Premium subscription or to the paid options of the Contests entails for the User a renunciation of his right of retraction.
The execution of the services then begins without delay.
5. Compensation of the Audio Engineer
At the time of entry to a contest, the Winning Audio Engineer accepts the predefined amount of the reward for his performance.
As soon as the Contest Winner is nominated by the Musician, the Audio Engineer agrees to perform the service according to the conditions stipulated in the chosen pack and according to the number of revisions planned initially.
The Musician Payment is made at the launch of the Contest, when the Musician has validated the reception of the Final Audio Files, the Winning Audio Engineer then receives his Reward.
The remuneration of the Audio Engineer is made by bank transfer within 7 working days after the validation of the Musician.
For this purpose, the Audio Engineer communicates in advance to Moja-audio information allowing the receipt of funds via transfer, namely:
This banking information is to be filled in by the User on the page "My account"> "Banking information"
In any case, Moja-audio will not pay the amount due other than by transfer, excluding any payment in cash or by check.
Moja-audio is in no way responsible or guarantor to the Audio Engineer of a payment incident if, for any reason whatsoever, the amount paid by the Musician should be paid in particular in opposition on the means of payment or fraudulent use.
The Audio Engineer is obliged to return to Moja-audio at the first request any amount received questioned because of such a payment incident.
6. Obligations and prohibitions of the User
By using www.moja-audio.com , the User understands and accepts that Moja-audio is not responsible for any agreement between the Musician and the Audio Engineer, has no control over the conduct of Musicians and Engineers Audio on the site and / or during the performance of the service provided by the latter and thus does not incur any liability in this regard.
The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services.The responsibility of Moja-audio will in no case be engaged in this respect.
The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services.He is solely responsible for his use of the Services.
The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet correctly and that the quality of the Services depends directly on this connection, for which he is solely responsible.
The User is also solely responsible for the relations that he may establish with the other Users and the information he communicates to them in connection with the Services.It is up to him to exercise proper prudence and discernment in these relations and communications.In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy. And not to circumvent the services by directly contacting one of the users of the site.
The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.
The User undertakes to provide Moja-audio with all the information necessary for the proper execution of the Services. More generally, the User agrees to actively cooperate with Moja-audio for the proper execution of these.
The User is solely responsible for the content of any kind (audio, editorial, graphic, audiovisual or other) that it disseminates within the framework of the Services.
It guarantees to Moja-audio that it has all the rights and authorizations necessary for the diffusion of these contents.
It undertakes that said contents are lawful, do not infringe public order, morality or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of Moja-audio.
The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution can not be a substitute for these other means.
The User must take the necessary measures to safeguard by his own means the transmitted information he deems necessary, of which no copy will be provided.
The User agrees not to disclose personal information allowing direct communication outside the Website (email, website, phone number, other...) on the chat available to him.
The Musician undertakes not to come into direct contact with the Audio Engineer, whether for a first performance or for future services, and to make any payment via www.moja-audio.com .
The Audio Engineer who enters a Contest by clicking on the "Participate" button, undertakes to participate actively in the Contest in question. By active participation we hear that it is necessary to send at least an extract of the piece worked to the Musician, and to continue the Contest actively if it were selected for the following phases.
The Audio Engineer involved in a Contest authorizes Moja-audio to give access to its samples to the "Premium" participants of the Contest
The audio engineer participating in a Contest agrees not to receive any remuneration for his proposal to the Musician. Its proposal is made for commercial purposes and will not give rise to any financial compensation, except in the case where the audio engineer is designated as the Winner of the Contest by the Musician.
The Winning Audio Engineer agrees to perform the agreed service and is aware that failure to perform the service will be his sole responsibility.
He also undertakes not to attempt to come into direct contact with the Musician outside the framework of www.moja-audio.com and not to ask the Musician to make any payment to him directly.
Audio engineers located outside the SEPA zone, winners of a SEPA Contest undertake to transmit to the Site an IBAN code.
By accepting these Terms of Use, the User expressly agrees to:
  • not to hold or utter or to broadcast in any form content that infringes the rights of others or is defamatory, abusive, obscene, offensive, violent or inciting violence, of a political, racist or xenophobic nature, and in general any content contrary to the laws and regulations in force
  • not to hold or make comments or to disseminate in any form whatsoever content that in any way infringes the protection of minors.
  • not indicate or disseminate in any form whatsoever information or content incorporating links (including hypertext links) to third party sites that are illegal.
  • do not insert or make visible his telephone number, his postal address, or his email address in the rubrics of the site moja-audio.com.
  • not post, disseminate, in any form whatsoever, information or content that has the effect of slowing down, decreasing and / or preventing the normal operation of the site moja-audio.com and in particular software, viruses, Trojans, mass mailing of messages, etc.
  • make no advertising for another site or service, competitor or not, for the purpose of diverting Registered Users, or for any other reason, in particular by means of hypertext links.
  • not to communicate, diffuse, share, make available in any way its login credentials (username and password) to the site moja-audio.com
  • not to infringe intellectual property rights (patents, trademarks, domain names, company name, trade name, sign, designs, copyright, secret) belonging to others.
  • do not collect or store personal data relating to other Users.
  • do not create a false profile in order to deceive the Service moja-audio.com and / or other Users. In case of doubt about the veracity of a profile, Moja-audio may proceed to any verification that it deems necessary and it will be up to the User to demonstrate that his profile corresponds to all the information he has indicated during the creation of his User account. The User must then submit to any procedure that will be indicated by Moja-audio. In case of refusal of the User to submit to such verification, Moja-audio reserves the right to delete the account of the User without any refund, if any, be granted. In case of repetition, the User will no longer be allowed to recreate a new profile on the Site.
The webmaster, moderator or administrator of the site moja-audio.com reserves the right to cancel the subscription of any User who does not respect the rules prescribed above.
Also strictly prohibited:
  • any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services,
  • any intrusions or attempted intrusions into Moja-audio systems,
  • any diversions of system resources from the site,
  • any action likely to impose a disproportionate burden on the infrastructure of the latter,
  • all breaches of security and authentication measures,
  • any acts likely to affect the financial, commercial or moral rights and interests of Moja-audio or users of its site, and finally more generally
  • any breach of these Terms and Conditions.
7. Penalties for breaches
In the event of a breach of any of the provisions of these General Conditions or more generally, of a violation of the laws and regulations in force by a User, Moja-audio reserves the right to take any appropriate measure and in particular to:
  • suspend or terminate access to, or participation in, the Services of the User, the author of the breach or offense,
  • delete any content posted on the site,
  • publish on the site any information message that Moja-audio considers useful,
  • notify any relevant authority,
  • initiate any legal action.
8. Liability and warranty of Moja-audio
Moja-audio undertakes to provide the Services diligently and in accordance with the rules of art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept.
Moja-audio is not aware of the content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it does not intervene as a hosting provider.
As a result, Moja-audio can not be held responsible for the content, whose authors are third parties, any possible claim to be directed to the author of the content in question with simple information to Moja-audio.
Content harmful to a third party may be the subject of a notification to Moja-audio in the manner provided by Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy , Moja-audio reserves to take the measures described in Article 7.
Moja-audio declines any responsibility in case of possible loss of the information available in the "My Account" area of ​​the User, who must save a copy and can not claim any compensation in this respect.Moja-audio undertakes to carry out regular checks to verify the functioning and accessibility of the site. As such, Moja-audio reserves the right to temporarily interrupt access to the site for reasons including maintenance.
Similarly, Moja-audio can not be held responsible for temporary difficulties or impossibilities of access to the site due to external circumstances, force majeure, or due to disruption of telecommunications networks.
Moja-audio, as part of its obligations means, does not guarantee Users that the Services, subject to constant research to improve its performance and progress, will be completely free from errors, defects or defects, that the Services, being standard and not proposed for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.
In any case, the liability liable to be incurred by Moja-audio under the present terms is expressly limited to the proven direct damages suffered by the User.
Moja-audio will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User would access via the site. Moja-audio does not endorse any liability for the content, advertising, products and / or services available on such third-party websites and mobile sites which are reminded that they are governed by their own terms of use.
Moja-audio is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed through the site and in no way to be a party to any potential disputes with these third parties concerning, in particular, the delivery of products and / or services, the warranties, declarations and other obligations to which such third parties are subject.
9. Personal data
Moja-audio practices a policy of protection of personal data whose characteristics are explained in the document entitled "PrivacyPolicy and Cookies", which the User is expressly invited to read on the site.
10. Intellectual property
a) Intellectual property of the elements of the site
Systems, software, structures, infrastructures, databases and contents of all kinds (all text, images, graphics, icons, logos, illustrations ...) of our site are exclusively reserved for us. Under intellectual property and copyright, any use is prohibited except for private use.
Any reproduction, representation, modification, publication, total or partial adaptation of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization to the email: contact@moja-audio.com
Any unauthorized use of the site or the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Code of Intellectual Property.
b) Copyright, access and protection of creations
The Intellectual Property and Copyright of the User are respected and protected by Moja-audio for any content that it has posted on the platform, except in the case where it is proven that the User is guilty of plagiarism for this content. All content posted by the User is registered, dated and identified, provided that the User has respected his commitment to inform his true identity when creating his account and updates of personal data of his profile. The User also undertakes not to engage in any form of plagiarism, in whole or in part, for any content posted on the platform on his behalf and for which he claims to be the legitimate author. In case of violation of this rule, the User may be banned from the site www.moja-audio.com and legal proceedings may be initiated against him, depending on the extent and seriousness of the facts.
L'ensemble des contenus partagés par les Utilisateurs de Moja-audio répondent aux principes du droit d'auteur, tels que définis par la loi française.All contents shared by Moja-audio Users comply with the principles of copyright, as defined by French law.
The principle of the protection of the right of author is posed by the article L. 111-1 of the code of the intellectual property (CPI) which states that "the author of a work of the spirit enjoys on this work, by the mere fact of its creation, an exclusive property right that is opposable to all. This right includes intellectual and moral attributes as well as patrimonial attributes ".
All these rights appear in the first part of the code of the intellectual property which codifies in particular the laws of March 11, 1957, of July 3, 1985, of August 1, 2006, of June 12, 2009 and of October 28, 2009.
Musicians agree that their musical projects are accessible to Audio Engineers, even if they have exclusive rights to them (as defined by copyright law previously).
The musicians may freely choose to protect their work with copyright "all rights reserved" or a Creative Commons license or any other existing option.
Users of Moja-audio are fully responsible for the content they put on the Site. Therefore, they are required to use or exploit content that complies with copyright, creative commons, or any other type of content protection, set by the creator (s) of such content. In case of exploitation of a work of another artist by a user of Moja-audio (as such, by a recovery, an adaptation, or other), it is incumbent on the latter to check in advance that he can use this content, and if so under what conditions.
In the event of violation of the rights of use, diffusion or exploitation of a work, Moja-audio can not in any case be held responsible for this said violation, the responsibility being that of the Users who consent to it by using the service on www.moja-audio.com.
11. Major force
Moja-audio ne peut être tenue responsable.In the event of force majeure of a natural disaster or other type causing an interruption of the setting on line of the platform www.moja-audio.com , a loss of data by the provider responsible for hosting the platform on its servers , Moja-audio can not be held responsible.
12. Disputes
In case of dispute over the interpretation and application of these Terms and Conditions, Users agree to rely on the assessment of the competent courts, but only after exhausting amicable ways (conciliation, arbitration).
In the event of a dispute between the Audio Engineer and the Musician due to a breach by one of these parties to one of its contractual obligations, the responsibility of Moja-audio, acting in simple role of intermediation can not be engaged.
If no solution is found in the dispute between the Musician and the Audio Engineer, Moja-audio reserves the right to withhold the sums paid by the Musician until an amicable agreement between the Musician and the Audio Engineer or a final judicial decision.
13. Applicable law and territorial jurisdiction
Since the www.moja-audio.com website is hosted in France, the applicable law in any case relating to the www.moja-audio.com music platform, in particular to the content published by the Users and to their activities on the platform. form, is the French law, whatever the place of use. In case of any dispute and after the failure of any attempt to find an amicable solution, the French courts will be the only competent to know and rule on this dispute. For any question related to these Terms and Conditions, the User may send a message to contact@moja-audio.com specifying the purpose of his request.
14. Evolution of the site, contents, services, procedures
Moja-audio reserves the right to modify, modify or delete any element or content of the site www.moja-audio.com and these conditions, any service, service or procedure whatsoever, at any time and for any reason whatsoever. the direction and duration of his choice, in accordance with French legislation. Any modification will take effect immediately upon posting of the TOS that any User acknowledges having previously consulted. When a modification occurs after the payment by the User of a sum of money, the modification does not apply to the current transaction, with the exception of an evolution of the taxation applicable immediately to the operations in progress. Moja-audio reserves the right to offer new services, free or paid on the Site.
15. Changes to the Terms of Use
Moja-audio reserves the right to modify at any time these Terms and Conditions.
The User will be informed of these modifications by any useful means.
Users who do not accept modified Terms and Conditions must unsubscribe from the Services.
Any User who uses the Services after the entry into force of the amended General Conditions is deemed to have accepted these changes.
16. Language
In the event of a translation of these Terms into one or more languages, the language of interpretation will be the only French language in case of contradiction or dispute over the meaning of a term or a provision.
17. Entry into force
These Terms and Conditions came into force on 01/10/18.
Last updated: December 03, 2018