I - DEFINITION OF THE SERVICE

The MOONDOORS service allows acquisition in the form of remote loading of sound record the numerical format subjected to the general conditions of use described in this contract. The service also allows the distribution the numerical format of sound record pertaining to the editors, producers or owners governs by the royalty and subjected to the conditions described in the contract of distribution.

The MOONDOORS service is published and exploited by MOONDOORS INC., a limited liability company.

 

II - CONDITIONS OF USE AND RULES OF OPERATION OF THE SERVICE

Access and conditions of use of the service

1) Requirements for the access to the service

This service is accessible to people of 18 years old and more. The access to the service for   people 13 years old and more but having less than 18 years, cannot be done without the authorization of the parents or legal guardians who will have taken care to read and to accept the general conditions described in this contract.

2) Hardware and software necessary for the use of the service

In order to reach the service and to exploit its functionalities, the user must secure himself against an Internet access and preferably high flow (ADSL) and certain software delivered by the supplier of access Internet against royalties.

The MOONDOORS service is a service which functions independently of the offer of access to Internet of its users and we disclaim all responsibilities in the event of failure for one for his services for access, resulting from no offer and product of the MOONDOORS service, which constrained the access to the service.

Rules of operation

1) Rules of operation for the users customers

The user can, during his use of the service, carry out purchases which binds it by contract to the service by a sale contract that he will have, consulted before the electronic signature (cf left IV signature the electronic contracts)  who seals the purchase and the sale. This sale contract is available and consultable constantly on the site.

2) Rules of operation for the producing users

The user can during his use provide musical contents, vidéos and graphs. This type of use binds him by contract to the service by a contract of distribution MOONDOORS,  that he will have taken care to consult before the signature of this contract, and who seals the distribution and the sale of his contents. The contract of distribution MOONDOORS is available at the time of the access to producing space.

PS: However whatever the finality of the use, each user is subject to the other general conditions of the service.

General conditions which can evolve and be modified as well as the service.

Thus in the case or MOONDOORS part of the service would modify or would stop the service, which MOONDOORS has the right to do to its discretion, you recognize that you will not be able to use any more in the same way but before one such modification or interruption and that MOONDOORS will not be any responsible towards you in this situation.

III CONFIDENTIALITY, INFORMATION PERSONAL AND CONTAINED

A ) Confidentiality

The MOONDOORS Service is, except express mention, subjected to the policy of confidentiality of information which it receives, that it treats and that it presents.

 

B) Personal information

The use of the service requires on behalf of the user the inscription of his personal information. You agree to provide exact, complete information and to update possible modifications concerning such personal information.

On its side the MOONDOORS service acts so that transmitted information is and remains confidential by ensuring a safety of protection of information. You must also accept that the service stores your personal information  for purposes of invoicing, of behaviour of account and investigations or information of a legal and tax nature.

 

C) Contents

The MOONDOORS service gives the possibility to its users of managing and of sending their own contents which will have been beforehand identified and controlled. During the use of the service you can be confronted with contents which you will consider offensive, shocking and indecent.

However by accepting the use of the service you commit yourselves to not hold responsible the MOONDOORS service for such contents which will have taken care to identify and to control the contents appearing on the site.

By giving you the possibility of posting your own information you are responsible for its content and the possible attacks and offensive remarks. This can lead us to the erase and to refuse the access to the service and according to the gravity of the remarks or illegal control to consider legal proceedings. This situation can intervene at the time of forum or if we cannot control the remarks completely.

The contents are controlled as a preliminary by our services however we grant a limit to the offensive matter in lower part of this limit we post the contents under the responsibility its to use which will have registered them

 

IV CONDITION OF USE OF AN ACCOUNT USER

The use of the MOONDOORS service requires the creation of an account user which the access concerns personal information, property of his user.

You are responsible for the behaviour of your account, of its movements and its safety and you engage yourself  to provide complete and exact information for the creation of an account and not to reveal its information with people nor fraudulently to use the account user of another person.

You must, in the event of fraudulent use of your account,  inform us  immediately. However MOONDOORS will not be in no event responsible, of this fraudulent use which raises of a fraudulent use of your information, except if it is due to a negligence on behalf of the MOONDOORS service.

We set up safety systems which allow the use of the service, however you are held responsible in the case where you would be or intend to try by some means that it is of breaking implicitly or explicitly the systems of safety allowing the acquisition of the products and services. In this case we consider possible legal proceedings in the case if  it is proven manoeuvres aiming to voluntarily  break the safety requirements.

 

V CONDITIONS OF ACQUISITION OF THE SOUND RECORDS

Royalties

The service respects the legislation on the royalties. The royalties on protected works which are reproduced and represented on the site are reserved. Except if an authorization to you were conceded, any use of the aforesaid works at other ends that the reproduction and the personal and deprived consultation are prohibited and can bring into play the responsibility for the User.

You can use its products only after having accepted the general conditions of use and does not confer any authorization for a commercial and promotional use.

Acquisition of the sound records

The acquisition of protected works requires our share an installation of means of safety resting on technologies which protect, the digital components, and limit your use.

You should not try or test to break the systems of safety, installation on the site, in order to acquire sound records or aiming at deteriorating by some means that they are the systems of safety. All infringements with the safety of the system can involve legal proceedings.

We commit ourselves providing you the sound record in conformity  with its designation. Our responsibility stops with the delivery complete and in conformity with designation. We release ourselves from any responsibility in the event of loss and deterioration occurred after the delivery of the ordered products.

We are held responsible in the case or of the products not in conformity with designation would be delivered to you. In this case, we commit ourselves to refund or be replacing the products damaged within our data base.

An invoice sent by email will make office of the state of designation and will conclude the sale.

C) Use of the sound records

Following the acquisition of the sound records you become owner of works governs by the French right and for a use with personal ends.

The specificity of these products requires the use of specific tools (CD engraver, Mp3 reader.). However the use and the acquisition of these tools fall to you. You thus commit yourselves complying with the rules of use appearing in present the bus the possibilities of exporting and to engrave are conceded to you only at ends of conveniences and could not constitute a transfer or renunciation (or another limitation or implicit authorization) of the royalties on all contained, audio or video, or recording sound, composition musical subjacent or works included in a product.

The ordered products are the works protected by the royalty so that the use must be exclusively dedicated to personal ends.
 
The use or the modification of these products at commercial purposes is sanctionnable penally  (cf site which governs the right of use of a protected work SACEM/SESAM).

 

VI TERRITORY

The MOONDOORS service does not know territorial limits when it is a question of use in sight of getting the products or of consulting information on the site, since accessible via the Internet or any other network which is connected there, the service is visible by any person reaching these networks or which she is in the world.
However the use in order to distribute music is subjected to the contract of distribution governs by the right and the French organizations and cannot be accessible for the moment that has users residing in France or having declarations to the French standards.

 

VII PAYMENT

You commit yourselves to pay the products which you buy thanks to the service, and which MOONDOORS outputs of your bank card or your means of payment annexes (standard paypal, account balances…), as well as by the services type Al (by telephone or sms) amounts and inclusive of tax.

The royalties will be output of your chart of payment (except AMEX), if it has the sufficient balance, to carry out the payment and if our final banking, after having to carry out the checks concerning the origin of the chart, accepts the operation.

You have the possibility of carrying out on the site, for reasons of conveniences, deposits of money which are available for you to all moments on the site.

These money deposits are with your discretion and are available, only once the payment carried out, for a use on the site.

We do not refund to in no case the money deposits on an account balances except in the case of an interruption of the service higher than 30 days.

 

VIII MODIFICATION OF THE PRICES AND AVAILABILITY OF THE CONTENTS  

The prices and the availabilities of the products can be modified constantly.

 

IX ELECTRONIC SIGNATURE OF THE CONTRACTS

The use of the service gives you the possibility of concluding from the contracts and/or of carrying out purchases electronically. You recognize that your electronic requests materialize your agreement and your will to be by contract dependent and confers certain obligations to you. Your agreement and the will to be by contract dependent by these electronic requests applies to all the recordings relating to the transactions which you carry out on this site, included/understood the requests for cancellation, the policies, the contracts and the subscriptions.

You recognize that the electronic recordings preserved by MOONDOORS will constitute valid evidence relating to the existence of the communications occurred between the parties, your acceptance of the general conditions of the service and of any order carried out on MOONDOORS.

You renounce disputing or bringing an action on the validity or the opposability of these general conditions of the service and all orders carried out on MOONDOORS with the reason that those were accepted by electronic way.

To reach your electronic recordings and to preserve them, you will be able to have need for material and software for which you are exclusively responsible.

 

XI DELIVERY OF THE PRODUCTS

Technical problems can delay or prevent the delivery of the products. We engage within a time is to be replaced the product or to refund the amount paid for the product. Your rights will not be affected.

 

XII CANCELLATION

1) Cancellation by MOONDOORS

If it is appears that you did not respect a provision of this contract, in particular in the event of inaccurate or incomplete personal information, non-payment, in the event of failure to keep confidential your information relating to your account or in the event of non-compliance with the rules of use or any licence of software MOONDOORS can with its discretion:
- To terminate this contract and your account user
- You to prohibit the access to whole or part of the service

 

2) Cancellation of the service

MOONDOORS reserves the right to constantly modify, suspend and stop the service (or a part of the service), with or without notice. The responsibility for MOONDOORS  could be committed neither towards you nor towards a third of the fact of the exercise by MOONDOORS of these rights. With the case or the service would be cancelled, you profit from the refunding of any portion not used of your account balances bought before the cancellation.

 

XIII CONFORMITY WITH THE LEGISLATION

The service is published, directed and exploited by MOONDOORS INC. starting from these establishments in France. You commit yourselves respecting the whole of the laws and payments applicable to your use of the service.

XIV APPLICATION OF THE CONTRACT

MOONDOORS reserves the right to take the measures judged necessary or suitable to make apply and/or check the respect of very part of the contract in particular the right to cooperate within the framework of any legal procedure relating to a failure of the compliance with the rules of use stated in the present ones. MOONDOORS reserves the right, without engaging of responsibility in your connection, to reveal the data of inscription and/or information of accounts to the authorities if it estimates necessary or suitable to make apply and/or check the respect of any provision of this contract.

 

XV COURT OF COMPETENT JURISDICTION

Any litigation coming from the interpretation or the execution of this contract will be exclusive competence of the courts of competent jurisdiction of Paris.

 

XVI EXCLUSION OF RESPONSIBILITY

MOONDOORS can within the framework of its activity on Internet can provide bonds towards Internet sites of third. You recognize and accept that MOONDOORS is not responsible concerning the examination or the evaluation for the contents or the exactitude of these elements or Internet site of third. The bonds towards Internet sites are delivered to you only at ends of convenience.

 

XVII EXCLUSION OF GUARANTEES; LIMITATION OF RESPONSIBILITY

MOONDOORS  commits itself providing the service in agreement with this contract.

MOONDOORS delivers any other engagement nor no other guarantee concerning the service.

MOONDOORS neither guarantees nor declares that the use of the service will be made without interruption nor error, and you accept that MOONDOORS periodically removes the access to the lasting service of the nonpreset periods, or cancels the service without notice constantly.

MOONDOORS is committed to protect and be making safe your personal information within the framework of your use. However MOONDOORS does not guarantee nor does not declare that the service will be safe from losses, damage, virus, interferences, hackings or possible attacks to safety which would damage the service. 

MOONDOORS would not be to in no case responsible for all these detrimental consequences except if these last are due to a failure concerning the installation of the safety measures.

Except in the case of measurements stated previously MOONDOORS could not be held responsible in the event of loss or of damage caused by MOONDOORS, in the event of loss of incomes, activity or benefit which would result from your use of the service. Moreover you recognize that MOONDOORS cannot be held responsible in the event of failure of the service due to a dysfunction on behalf of your Internet provider or to a violation for this contract of your share.

 

XVIII EXEMPTION AND COMPENSATION

By using the service, you agree to compensate MOONDOORS, and its affiliated leaders, frameworks, employees, members, conceding agents of licence in the event of complaints relating to a violation of your share of the rules of use of this contract and any action taken by MOONDOORS within the framework of a judicial enquiry concluding your setting causes some in the violation of this contract.

You recognize that in such a situation MOONDOORS reserves the right to remove or to refuse to process your data or contents and/or to cancel and/or condemn your access to the service during the investigation concerning the supposed violation. This clause of exclusion of compensation applies to all the failures described or under consideration by this contract.

MOONDOORS reserves the right to its discretion and constantly to revise, supplement and modify this contract. These modifications will appear in the additional clauses of this contract and you recognize that a use of your share, after the bringing into force of these additional clauses, will be regarded as an acceptance of these new rules. All the additional clauses are thus incorporated in this contract.

 

XIX NOTIFICATIONS

The notifications will take effect immediately and  you will be transmitted by the service on your limps email or by mail with the address indicated in your account.

 

XX APPLICABLE LAWS

This contract and the use of the service are governed by the French right.

 

XXI OTHERS

This contract constitutes the whole of the agreements made between you and MOONDOORS  and governs your use of the service. You can be subjected to additional provisions   applicable if you use associated services, contents or a software provided by a third party.