Conditions of Use
Modalités standards et conditions d'utilisation de l' zaploop.com

 

 

Bienvenue sur le ZAPLOOP.COM

 

S'il vous plaît lire attentivement les clauses suivantes qui régissent l'utilisation de la "ZAPLOOP.COM" site web (ci-après dénommé «les Conditions Générales d'Utilisation"). Ces Conditions Générales d'utilisation s'appliquent à ZAPLOOP.COM, un site Web et service mobile de Zaploop.

 

PRÉSENTATION

ZAPLOOP.COM permet à l'internaute qui accepte ces conditions générales et conditions d'utilisation pour accéder à un service de musique légale de distribution pour une taxe, par lequel une interface est prévu pour "artistes" (musicien, groupe de musique, producteurs, labels) et des utilisateurs Internet "fans "pour interagir. Sur Zaploop, Artistes confier la distribution de leur musique à leurs fans, qui peuvent tous être rémunérés sur la base du chiffre d'affaires auprès des internautes.

 

  • ZAPLOOP.COM est l'interface entre les artistes et les fans qui favorisent directement les artistes.
  • ZAPLOOP.COM met à la disposition des artistes le fichier en ligne le téléchargement de musique, suivi des ventes et l'interface de facturation.
  • ZAPLOOP.COM met à la disposition des fans une base de données composée de non-téléchargeables échantillons (transfert streaming) des pistes dont la distribution est confiée à elle. Il leur fournit également l'interface permettant la génération de listes de lecture et le transfert de ceux-ci à leurs pages Web personnelles.
  • Zaploop permet aux internautes de télécharger légalement statutairement n'importe quelle piste sélectionnée dans une liste de lecture.

Méthodes de promotion sur le site

 

Les moyens mis en œuvre par ZAPLOOP.COM doit dépendre du succès des enregistrements qui sont automatiquement classés sur notre page d'accueil sur la base des critères suivants: la popularité par le nombre de fans, la popularité par le nombre de ventes de titres de l'artiste, etc

 

1. METHODES GENERALES DE FONCTIONNEMENT
1.1

You (hereinafter also referred to as "Artists, Fans") are authorised by ZAPLOOP, a company bearing SIREN registration number B 499 119 717, whose registered office is located at 45, Avenue Victor Hugo, Building 204, 93300 AUBERVILLIERS, (hereinafter also referred to as "ZAPLOOP" or ‘we’) to access and use the "ZAPLOOP.COM" website and service at the follow ing URL: www.ZAPLOOP.COM, as well as its extensions and any other site created in replacement thereof (hereinafter referred to as the/our "Website"), provided that you comply with all of the Standard Terms and Conditions of Use. We may vary the Standard Terms and Conditions of Use at any time, in particular, to adapt them to changes to the Website. You shall be informed of these variations on the Website homepage.

1.2

In order to use the features available on the Website (these features are hereinafter referred to as the "Service"), you must register as a “Fan“ or “Artist“ member. To register, you must enter your profile information and provide us with the compulsory information indicated with an asterisk in a truthful, comprehensive and accurate manner. You must also accept these Standard Terms and Conditions of Use as well as, where applicable the Artist contract or the Fan contract offered to you during the registration process. The detailed procedures for Artist registration appear in article 2.3 of these Standard Terms and Conditions of Use. The detailed procedures for Fan registration appear in article 3.2 of these Standard Terms and Conditions of Use.

1.3

Your user name and password are your personal property and you shall be solely responsible therefor. You shall have sole custody thereof and assume the risks of loss thereof. For this reason, you must take all appropriate measures to ensure the confidentiality, security, and proper use thereof, and to prevent disclosure thereof to unauthorised third parties. You shall be solely liable for any use of your user name and password by any other person, and in particular, for any transactions carried out through the account created by you to use the Website. You must immediately inform ZAPLOOP of any unauthorised use of your account or of your password, as well as of any circumstances of which you are aware and which may lead to such use.

1.4

If you lose or forget your user name or your password, you must inform us thereof and follow the security control procedure that we may implement. We shall be entitled to suspend your user name and password if we are of the opinion that the security protocols for all or part of the Website have been or are likely to be breached. We may at our discretion change the user name and/or the password that you use to log on to the Website. However, we shall not be under any obligation to exercise any duty of individual monitoring or surveillance in respect of the use of your user name and password, and shall therefore not be liable for any adverse consequences or loss occurring as a result of access to the Website and use of the Service by a person using your user name and/or password without having obtained a prior authorisation to do so.

1.5

The Service shall not include the provision of a computer, internet access or of a mobile phone or any other equipment. To use the Service, you must have the appropriate telecommunication means and Internet access. You must yourself complete all steps and formalities required to obtain and operate these means and equipment allowing you to access the Website and use the Service. You shall be solely and exclusively liable for the use of these means and equipment. In particular, we shall not be under any obligation to bear any of the costs relating to the use of such means and equipment, such as the access fees charged by a telecommunications operator or Internet access provider.

1.6

You must use the Website in accordance with applicable law.

1.7

You shall not attempt to access our information systems, our servers or our databases, nor use our computer equipment without authorisation.

1.8

ZAPLOOP.COM is designed to be used exclusively within the framework of the Service. Consequently, the Software (as defined in Article 9 hereinbelow) for which a user licence is granted to you may not be used otherwise than within the frame work of the Service. You are not authorised to use the Software for any other purposes. Furthermore, you shall not use ZAPLOOP.COM by any means other than the Service. You also undertake not to create or provide other means and resources, such as server emulators allowing the use of ZAPLOOP.COM by other persons. You are not authorised to carry out reverse engineering operations, to decompile or to disassemble the software, including all communication protocols used by the software, except in accordance with the conditions and limits strictly defined by law.

1.9

To be a member of ZAPLOOP.COM, you must have the requisite legal capacity, and be of a minimum age of 18 years if you are an individual, and have filled out all compulsory fields appearing on the ZAPLOOP.COM registration forms, and you must have read and accepted these Standard Terms and Conditions of Use during your registration process.

 

2. USE OF THE ZAPLOOP.COM SERVICE BY THE ARTIST
2.1

Principles of operation

 

General principle

  • The generic term “Artist“ encompasses a performer, a band, a producer or a label, holding the digital exploitation rights over the tracks uploaded to the ZAPLOOP servers.
  • Once registered, the Artist entrusts the digital distribution of all or part of its repertoire to ZAPLOOP, through the Fans who make those available on their personal pages in the form of samples with a view to the sale thereof by means of a download against payment (full track).Upon receipt by ZAPLOOP of the distribution agreement signed by the Artist, accompanied with documents evidencing his identity, the Artist shall receive remuneration proportional to the volume of downloaded tracks sold.

 

Non-exclusivity

  • The Artist shall be free to make his music recordings available to the public via any distribution platform of his choice; the aim of ZAPLOOP is to provide the Artist with greater market access, via the Fans.

 

Remuneration of the Artist

  • The sale price shall be set by the Artist. This price shall be comprised between 0.50 euros and 1.50 euros, excluding VAT.
  • ZAPLOOP shall pay to the Artist a proportional fee equal to 50% of the net receipts from the downloads.
  • "Net receipts" shall refer to all amounts derived from the downloads for a fee of the Artist's tracks, minus any applicable taxes as well as amounts paid or payable to the any collective copyright management company, such as SACEM.

 

"Turnkey" service

  • Payment shall take place via PAYPAL®.
  • ZAPLOOP shall send an email to the address stated in the Artist's account, and he will immediately receive the funds on his PAYPAL® account if he already holds one that is associated with this email address, otherwise he will receive a message explaining how to open a PAYPAL® account and receive the funds.
2.2

Conditions of registration

  • The Artist warrants the unrestricted ownership of the right to the uploaded tracks.
  • The Artist warrants that the works reproduced in the music recordings that he makes available on ZAPLOOP's servers are original and do not infringe any third-party rights whatsoever.
  • The Artist must not be bound by any exclusivity undertaking vis-à-vis of any third party whatsoever.
  • The Artist must indicate to ZAPLOOP, where applicable, the name of any collective copyright management company entrusted with the works reproduced in the music recordings that he makes available on ZAPLOOP's servers.
  • The Artist must indicate to ZAPLOOP, where applicable, to which collective management company representing phonogram producers he is affiliated (such as SCPP or SPPF).
2.3

Registration process

 

Creation of the ZAPLOOP account (access to the management and Upload interface)

  • Registration form;
  • Online acceptance of these Standard Terms and Conditions of Use;
  • Online acceptance of the Artist/Label Contract (distribution agreement);
  • Summary;
  • Validation by the Artist.

 

Signature of the Artist/Label Contract, which shall be sent back in two initialled (each page) and signed originals, accompanied with the Artist's identification or the certificate of incorporation of the Label (access to the invoice creation and generation interface).

2.4

Uploading contents

 

1. Filtering principles: ZAPLOOP has implemented a filtering tool allowing it to verify the information regarding the rights con tained in the ID3 tags of the MP3 files. All files comprising DRM shall be rejected. ZAPLOOP hereby undertakes to use its best endeavours to ensure that the contents uploaded on the servers are filtered upstream.

 

2. Uploading tracks: files in MP3, WMA, AAC or OGG format are accepted.

  • Provision of additional information: Artist's name, name of the work, name of composer, of author, ISRC code, etc. + visual (sleeve, photo, logo, etc.);
  • Warranty of ownership of rights: The Artist warrants peaceful possession of its recordings intended to be sold by way of downloads on the internet and via all mobile phone services. In particular, he warrants that he is the holder of the copyright (composer, arranger, publisher, etc.), of the connected rights (producers, performers, etc.) and of all items protected by an intellectual property right (trade mark, visual, photograph, logo, image, etc.) comprised in his contents uploaded to our servers. This warranty shall be provided by the Artist, as well as the members of his Band. ZAPLOOP shall be free to use, as the Artist so warrants, the Artist's or the Band's name/alias/stage name, and any visual item provided by the Artist, in order to ensure optimum visibility of the Recordings on the internet.
2.5

Monitoring sales and payment

  • The Artist may monitor the sales and the payments via the reporting and invoicing interface;
  • The payment of the Artist's fees shall require him to hold a PAYPAL account, and that he returns the signed Artist/Label Contract to ZAPLOOP, accompanied with a copy of identification document;
  • If the Artist has performed his track with one or more Artist(s), performer(s); and/or if he acts on behalf of a Band, the commissions accruing to the Artist shall be allocated between all Artists/authors/Band members having taken part in the recording of the music tracks, under the Artist's sole responsibility.
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