Musana

Terms of use

1 – GENERAL:
Please read this « terms of use « agreement carefully before using this site. MUSANA SARL provides this web site (the Site) and all related services subject to your compliance with the terms and conditions set forth in this agreement. This Agreement governs the relationship between MUSANA SARL (the Site) and you (the User). It is important that you read carefully the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, do not use the Site.

2 – TERM OF USE CHANGES:
These General Terms of Use set out the terms and conditions of use of the Site: www.musana.com, published by MUSANA SARL. By registering on the Site in accordance with the terms set out below, you unconditionally agree theses general term of use. MUSANA SARL may make changes to the service offered on this site, at any time without notice, by posting updated date set forth below. Your continued use of the site after such changes have been posted means that you agree to the new terms, even if you have not reviewed the changes. Therefore, you should check the terms of use posted on the site periodically for updates and changes.

3 – DESCRIPTION:
MUSANA SARL provides a digital on-line music storage service, a free music listening and a free music hosting that enables users to listen to their hosted files on demand (the Material). The Site offers the user to create, modify, delete and share playlists through other website or mobile phone software. Because the site is not designed as an audio back-up service, your are responsible for taking all necessary precautions to safeguard your audio music files.

4 – USER CONTENT:
You acknowledge that you are responsible for content uploaded by you through your use of the Site, including its legality, reliability, appropriateness, originality and compliance with third-party copyrights rights. You retain ownership of any copyrights or other intellectual property rights applicable to your content, except for the MUSANA SARL applications used to store, play or otherwise access your content. By uploading content to this site, you represent and warrant that you have all rights to upload the content. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any of your content. You warrant that you have no acknowledge as to any third claims regarding the intellectual property or other rights in the content which claims would interfere with the rights granted under these General Terms of Use. You will indemnify, defend and hold MUSANA SARL harmless from a breach of the foregoing. You acknowledge the Site pre-screen the submitted content by the way of a music identification service: Music ID™ powered by Gracenote®, but MUSANA SARL and its designees shall have to right in their sole discretion to reject or remove any content from the Site or any MUSANA SARL application. You further acknowledge and agree that technical processing and operation of the Site, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connection networks and devices.

5 – GRACENOTE®:
Music recognition technology and related data are provided by Gracenote®. Gracenote is the industry standard in music recognition technology and related content delivery. For more information, please visit www.gracenote.com. CD and music-related data from Gracenote, Inc., copyright © 2000-2007 Gracenote. Gracenote Software, copyright © 2000-2007 Gracenote. This product and service may practice one or more of the following U.S. Patents: #5,987,525; #6,061,680; #6,154,773, #6,161,132, #6,230,192, #6,230,207, #6,240,459, #6,330,593, and other patents issued or pending. Some services supplied under license from Open Globe, Inc. for U.S. Patent: #6,304,523. Gracenote and CDDB are registered trademarks of Gracenote. The Gracenote logo and logotype, and the ""Powered by Gracenote"" logo are trademarks of Gracenote.

5 – MUSIC COPYRIGHT:
You acknowledge that by uploading music or any other content to the Site, or requesting that music or any content be uploaded to your account maintained on the Site, that you are directing MUSANA SARL to store the file in the format in which it is uploaded and to convert and store it in the MUSANA SARL format, or such other format in which it may be converted by MUSANA SARL. You agree that you will not upload music and content, and will not request that any music or content be uploaded to your account maintained on the Site, that infringes the copyright or other intellectual property rights or any third party.

6 – USER’S CONTENT COPYRIGHT:
MUSANA SARL has no proprietary rights to your content. By making your content accessible to other users as individuals and/or as a group, you agree to allow any users to listen your content on or through the Site and other electronic communication media (mobile phones, PDA,) for the entire period in which your content is hosted on the Site. If you wish to use another user’s content for any other purpose, you are responsible for obtaining the necessary advance authorization. In addition, for the entire period in which content is hosted you authorize MUSANA SARL to reproduce and display your content via the features that enables the Site to be accessed both on the internet and through other electronic communication media. Please note that due to the nature of the internet and digital media, data transmitted (including your content) cannot be protected against misappropriation and/or piracy for which MUSANA SARL shall not be liable. You acknowledge that you are responsible for taking all appropriate steps to protect your data where applicable.

7 – MUSANA CONTENT COPYRIGHT:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music (other than content up-loaded by you), artwork and computer code, including but not limited to the design, expression, structure, « look and feel » and arrangement to the materials, contained on this Site is owned, controlled or licensed by MUSANA SARL, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competitions laws. Except under MUSANA SARL written agreement, no part of the site and no materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without MUSANA SARL ‘s express prior written consent. Unless otherwise specified on the Site, you may download materials displayed on the Site, and may use it solely for your personal land non-commercial informational purpose but you may not copy or post the materials on any networked computer or broadcast it in any media. You must retain all copyright and other proprietary notices on downloaded and copied materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Use or downloading of the materials is conditioned on acceptance of the terms and conditions of any license agreements relating to the materials, including agreements of third parties. By acquiring or using the materials, you agree to such terms and conditions. You may not download, copy or use any of the materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the materials without the written consent of MUSANA SARL or, if so indicated in writing MUSANA SARL, its licensors or suppliers. You acknowledge that you do not acquire any ownership rights by using the Site or the materials.

8 – MUSANA & THIRD PARTIES COPYRIGHT:
the trademark, logos, and service marks displayed on the Site are the registered and unregistered trademark of MUSANA SARL (Copyright © 2007 MUSANA SARL), MUSANA SARL’s licensors and suppliers, and others. The trademarks owned by MUSANA SARL, whether registered or unregistered, may not be used in connection with any product or service that is not www.musana.com, in any manner that is likely to cause confusion with customers, or in any manner that disparages MUSANA SARL. Nothing contains on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark without the express written consent of MUSANA SARL, MUSANA SARL’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademark is prohibited, and MUSANA SARL will aggressively enforce its intellectual property right in such Trademark infringement, including via civil and criminal proceeding.

Certain information and content may be provided by third party licensors and suppliers to MUSANA SARL (Third Party Content). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer or hand-held device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third Party Content. MUSANA SARL disclaims all express, implied and statutory warranties and conditions with regards to Third Party Content, including but not limited to all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9 – LINKS:
The Site contains links to other internet web sites which may or may not be owned or operated by MUSANA SARL. MUSANA SARL has not reviewed all to the web sites that are linked to the Site, and MUSANA SARL has no control over such sites. Unless otherwise explicitly stated, MUSANA SARL is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that MUSANA SARL offers such links does not indicate any approval or endorsement of any material contained on any linked site. MUSANA SARL is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free such items as viruses, worms, trojan horses, defects, date bombes, time bombs and other items of a destructive nature.

10 – REGISTRATION PROCESS:
As a part of the registration process, you will be asked to enter your email address and select a password. We may refuse to grant you an account utilizes an email address that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right laws, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your email address and password and you agree not to provide, disclose, transfer or resell your email address and password or use or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting us* and immediately notify us of the problem by contacting by email*. You are entirely responsible for maintaining the confidentiality of your email address and password and for any and all activities that are conducted through you account. *Ajouter les liens : changer le password & forget my password

12 – INACTIVE PROFILE:
MUSANA SARL reserves the right to delete your account if it has been inactive for more than sixty (60) days. MUSANA SARL will use commercially reasonable efforts to send you an e-mail notice alerting you to the potential deletion of you account from the Site.

13 – ELECTRONIC INFORMATIONS:
By using the Site, you consent to receive electronic communications from MUSANA SARL. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our services. These electronic communications as part of your relationship with MUSANA SARL and you receive them as part of subscription to the Site. You agree that any notices, agreements, disclosures or other communications that send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

14 – PURCHASE:
If you wish to purchase products or services described on the Site, you will be asked by MUSANA SARL or the third party provider of the product or service to supply certain information applicable to your purchase, including, without limitation, credit card number and other information. You understand that any such information will be treated by MUSANA SARL in the manner described in our Privacy Policy applies to use of this Site, and its terms are made a part of this Agreement by this reference. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send through the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You agree that all information that you provide to MUSANA SARL or such a third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

15 – MUSANA LIABILITY:
You agree that your use of the MUSANA SARL website shall be at your sole risk and liability. MUSANA SARL, its affiliates, officers, employees and agents disclaim all warranties of any kind, expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement to the fullest extent permissible to applicable law. MUSANA SARL, affiliates, its officers, directors, employees and agents also disclaim all warranties, take no responsibility and assume no liability for the content present on MUSANA SARL website, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on our website. This disclaimer includes direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provide to you « as is « without warranty.

16 – INDEMNIFICATION:
You agree to indemnify, defend and hold MUSANA SARL, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees) and other expenses that arise directly or indirectly our of from your breach of this Agreement or any end user license Agreement you a have agreed to, including any violation of the code of conduct, above ; any allegation that any submissions or other Materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party ; and/or your activities in connection with the Site.

17 – LEGAL:
MUSANA SARL controls and operates this Site from its headquarters in France. The materials may not be appropriate or available for use in other locations. If you use this Site outside France, you are responsible for following local laws. MUSANA SARL is a French company registered under 494 998 743 RCS Paris. For any questions, comments or complaints regarding this Agreement or other topics feel free to contact us by mail at: MUSANA SARL, 37-39 rue Dareau, 75014 Paris, by email info(at)musana.com.

18 – ACCESSIBILITY:
The Site may be accessed at any time, contingent to any scheduled or unscheduled maintenance interruptions or in the event of force majeure. We shall be not liable for damages of any kind resulting from the Site unavailability.

Privacy Policy

Thank you for visiting MUSANA SARL’s web site (the Site) located at: www.musana.com. MUSANA SARL shares your concerns about the protection of your personal information online. This Privacy Policy details certain policies implement throughout MUSANA SARL governing MUSANA SARL’s web site use of personally identifiable information about users of our Site and users of our digital on-line services. By using the Site or obtaining any product or service through this Site, you agree the collection and use of information as set forth in this Policy. If you do not agree this Policy, please do not use the Site.

1 – Privacy policy updates
Due to internet’s quickly evolving nature, MUSANA SARL may need to update this Privacy Policy from time to time. If so, MUSANA SARL will post its updated Privacy Policy on the site located at www.musana.com. You are always aware of what personally identifiable information we may collect and how we may use this information. MUSANA SARL encourages you to review this Privacy Policy frequently for any changes. Your continued use of this Site and/or continued provision of personally identifiable information to us will be subject to the terms of then-current Privacy Policy.

2 – What kind of information we collect
In certain sections of the Site and when you provide data to our servers through our services, we may ask you to complete a registration form and invite you to ask us questions or provide us with feedback. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, email address, year of birth, gender, mobile phone number, country of residence, zip code, credit card number, password and code or screen name that you transmit with your communication to us. In addition, we may collect your internet protocol (IP) address without your active disclosure ; We also may collect the foregoing personally identifiable information about you from the log-in process, registration form, web site usage, cookies, web bugs or clear gifs, services usage, and communications initiated by us or our users via email. We may use your personally identifiable information to deliver requested information or provide notices regarding the services an to improve the content and general administration of the Site and our services.

3 – How do we use collected information?
Please take some time to familiarize yourself with the different ways that MUSANA SARL uses the information that we gather. Keep in mind that, while we encourage all third parties involved in running our business to adhere to our policies regarding the privacy of our visitors to otherwise handle personally identifiable information in a responsible manner, we cannot and do not assume any responsibility for any actions or admissions of third parties, including the manner in which they use information received either from MUSANA SARL or independently.

4 – Non-personally identifiable information
MUSANA SARL uses non-personally identifiable information such as your IP address and the pages that you visit on our Site, to help diagnose problems with our servers and to administer our Site and improve Site related services and features. Your IP address and other non-personally identifiable information also may be used to gather broad demographic information and to recognize customer traffic patterns and Site usage trends. This information help us in merchandising and in developing the design and layout of the Site.

5 – Cookies
MUSANA SARL may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the use. Cookies generally do not permit to personally identify you.

6 – Aggregate information
The Site may track to total number of visitors to our Site, the number of visitors to each page of your Site, browser type, IP addresses, and other usage related data, and we may analyze this data for trends and statistic in the aggregate, but such information will be maintained, used and disclosed in the aggregate form only if it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use and to report trend to MUSANA SARL community in general.

7 – Service provider
We work with third parties who provide services, including but not limited to order processing and fulfillment, credit card clearance, e-commerce affiliation, data analysis and other services and administrative nature. Personally identifiable information, including financials information, is shared with such third parties for the purpose of providing such services. Further, we may use selected reputable third parties for marketing and analysis purposes. Some of these parties may be given access to some, or all, of the information that you provide to us and may use cookies or other tracking technologies in connection with providing their services. To the extent that we provide your personally identifiable information to such third parties, we seek to restrict their ability to use such information for their own marketing purposes, however, we cannot be responsible for the privacy policies or practices of such third parties.

8 – Links to Third-Party sites
MUSANA SARL provide links to other web sites or resources over which MUSANA SARL does not have control. Such links do not constitute an endorsement by MUSANA SARL of those external web sites. You acknowledge that MUSANA SARL is providing these links to you only as a convenience, and further agree that MUSANA SARL is not responsible for the content of such external web sites. Your use of external web sites is subject to the terms of use and privacy policies on the linked to external web sites.

9 – Sale of our company
As a natural consequence of the development of our company, we could be sold to another company. In the event that we are acquired by another company or a significant portion of our assets is sold to another company, all of the customer information including both financial records and consumer information that we have collected may be transferred to the new company.

10 – Security
We may employ procedural and technological security measures, consistent industry practice, to safeguard your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. MUSANA SARL may use encryption, password protection, and other security measures to help prevent unauthorized access to your personally identifiable information. You agree and acknowledge, however, that « perfect security » does not exist on the internet.

11 – Contacting MUSANA SARL
If you have any question about this Privacy Policy, the data collection and usage practices of this Site, or your dealings with this Site, or if you wish to report a violation of this Policy, please contact : MUSANA SARL, 37-39 rue Dareau, 75014 Paris, France, Info(at)musana.com

12 – Quality customer experience
MUSANA SARL is committed to quality customer experience. We are constantly reviewing your feedback to improve and enhance your user experience. You can tell us what you think by contacting our customer support department.

13 – Protection of Personal Data
Personal information that you provide is intended for MUSANA SARL and will be used for the sole purpose of managing the present contract. However, personal information that you provide may be passed on to the legal authorities if they so request.

In accordance with French Data Protection Act (loi informatique et libertés) no. 78-17 of 6 January 1978, You may access personal information that concerns you and have it rectified or deleted if required by contacting MUSANA SARL, 37-39 rue Dareau, 75014 PARIS.

MUSANA SARL may not communicate personal information to any third party whomsoever apart from its subcontractors or any person involved with providing the Service or executing the present contract as well as any authorities duly authorised so to do.