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mySongBook General Conditions

Introduction

This mySongBook portal is published by Arobas Music S.A.R.L., a joint stock company with share capital of €230,000, which is registered in the Lille Trade and Companies Register under number 444 341 028,  whose European VAT number is FR 14 444 341028 and whose registered office is located at 165 avenue de Bretagne, 59000 LILLE. Telephone number : (+33) (0)3 20 73 88 87

These General Conditions of use are an agreement concluded between you and Arobas Music concerning the use of the mySongBook service. Please read these General Conditions carefully before using the service. By using this service, you acknowledge having read and accepted these conditions. The service is proposed to users more than 13 years old. Users less than 18 years old (depending on the age of majority in your country) must have the agreement of their parents or their guardian to conclude this contract. If you are not old enough and/or if you do not accept these conditions fully and entirely, please immediately leave the service and do not use it.

A user is defined below as being exclusively a non professional individual or consumer. These General Conditions of Sale thus govern solely the relations between AROBAS MUSIC and a non professional individual or consumer. A “consumer” means any customer who uses the service in question for needs other than those of his professional activity.

These General Conditions apply automatically to the access to the online service proposed by AROBAS MUSIC (the “Company”) through the mySongBook portal (the “Service”).

Article 1 - Purpose

The General Conditions are aimed at stipulating the conditions of sale between AROBAS MUSIC and the User, from the placing of an order to the after sales services, including the payment and the supplying of the score. These General Conditions apply exclusively to users having access to mySongBook through a version of the Guitar Pro software published by Arobas Music. No use of mySongBook through a version not published by AROBAS MUSIC of the Guitar Pro software is governed by these General Conditions.

Article 2 - Definition of the service

mySongBook is a service for the sale of musical  scores of quality, which are legal and accessible through the software published by AROBAS MUSIC. The online scores proposed by the service are in GPX format and intended to be read in the Guitar Pro software, version 6.1 and above and/or other software/applications published by Arobas Music. The service offers the possibility of consulting the list of the scores available and accessing previews and preplays on line allowing the user to judge the quality of the score before the purchase of the latter.

2-1 The “traditional” scores
The purchase of a score gives you a right of unlimited access to the latter through your internet connection. You read you preferred part any time and print it. It will not be possible to modify it, export or record it.

2-2 The score of the day
The reading of this score will be offered for a period of 24 hours. What distinguishes it from a traditional score is its free use and the impossibility of printing. Nevertheless, the user has the possibility of purchasing the score of the day to unblock the printing functionality and to definitively have access to the score on an unlimited basis.

Article 3 - Conditions of access to the service

To access the scores, the user must possess the Guitar Pro software or other softwares/applications published by Arobas Music proposing the mySongBook service and an Internet access. The use of mySongBook requires the installation of the version 6.1 and above of Guitar Pro available for the Windows, Mac OS X and Linux operating systems. The scores will not be available without an Internet connection and it will not be possible to store them. High speed Internet access is strongly recommended for correct use of the mySongBook portal.

Depending on the software or Guitar Pro application that you use to read your mySongBook scores, the sound quality of reading can be different from that of the preplay. To obtain optimal listening from your tablatures, you must use the version 6.1 and above of Guitar Pro and purchase all of the 6 additional packs of sound banks (Vintage electrics, modern electrics, acoustics/exotics, basses, keyboards/synths, drums) available on our internet site.

The user acknowledges and accepts that his technical needs, which can be periodically modified, are his responsibility.

AROBAS MUSIC undertakes to deploy all means to provide the user with reliable and rapid access to the service. The information contained in mySongBook is accessible 24 hours per day, 7 days per week, subject to accidental or necessary interruption for the proper functioning of the service. This interruption does not  give rise to any indemnification in favour of the user, which the latter expressly acknowledges and accepts.

Article 4 - Subscription for the service

4-1 Prior identification of the User
To place an order, the User must follow a procedure for the creation of his account on mySongBook.
The creation of a mySongBook account implies the entire and full acceptance of these General Conditions of Sale without any reserve. These General Conditions are regularly updated. The General Conditions applicable shall be those in effect on the mySongBook portal on the date of the confirmation of the order. We thus ask you to come back regularly to keep yourself informed of the changes to the service.

In the event of loss or forgetting of the password, the User can reapply by going to his customer account and clicking on "J'ai oublié mon mot de passe” (“I have forgotten my password"). He will then receive a new temporary password at the e-mail address provided at the time of his registration. The User can also contact our Customer Department at the e-mail address : contact@mysongbook.com.

4-2 Commitment of the user
At the time of the creation of your account, you undertake to provide AROBAS MUSIC with accurate and complete information and to keep it updated in the event of a change in your situation.

Any attempt at substitution of a password or identifier of another user is strictly forbidden.

Here, non-exhaustively, are the principal conditions that you undertake to fulfil at the time of the creation and the use of your account :
* You will not use mySongBook if you are less than 13 years old.
* You will update you accurate address details.
* You will not communicate your mySongBook identifiers,     allow anyone to access your account or do anything at all which can compromise the security of your account.
* You will not resell a score or access or the printing of a score to another person.
* You will not try to reproduce a score in any way whatsoever (by a photocopy, printing in a large number, copying and pasting, recopying, screenshots, videos or audio captions).
* You will not request connection information and you will not access an account belonging to someone else.
* You will not intimidate and harass other users.
* You will not publish content inciting hatred or violence, which is threatening or pornographic or contains gratuitous violence.
* You will not send and not publish commercial announcements without authorisation.
* You will not allow and not encourage breaches of these General Conditions.

In the event of breach of these rules of use of our service, we reserve the right to suppress comments and even to close user accounts without notice or indemnification.

4-3 Security
We do everything that is possible to make mySongBook a secure service, but we cannot guarantee absolute security. To do so, we need your assistance and we ask you to use mySongBook under the conditions stipulated for this purpose, which forbid the following actions :
* You will not resell or publish a promotional code on Internet.
* You will not provide false personal information on mySongBook and will not create an account for another person without his authorisation.
* If we suppress your account, you will not create another one without our prior, express authorisation.
* You will not use your personal profile for commercial purposes.
* You will not send to our servers information capable of harming their functioning in order to cause a breakdown or dysfunction of the services.
* You cannot reserve engineer, de-compile, disassemble or modify the software, try to modify the information sent to the server or received from the server for the purpose of allowing the recording, modification, copying or the printing when this is not authorised.
* You will not try to access the portal through a programme or a script not supplied or approved by AROBAS MUSIC.
* You will not download viruses or other malevolent codes.

In the event of breach of these rules of use of our service, we reserve the right to close your user account without notice or indemnification.

4-4 Registration and validation of your purchase
The purchase of scores is made online by the user in the page presenting the desired score by clicking on “Acheter” (“Purchase”). The User must then connect to his mySongBook account or create it if he does not have one entering the essential information concerning him. The User must accept the General Conditions and validate the means of payment desired : promotional code or payment by bank card. This last stage concludes the sale contract between AROBAS MUSIC and the User.

The taking into account of the order is confirmed by the sending of an e-mail generated automatically by mySongBook to the electronic address indicated at the time of the creation of the customer account. AROBAS MUSIC reserves the right to cancel or refuse any order from a user with whom there may exist a dispute concerning the payment of a previous order.

4-5 Access to your purchases
For reasons of protection of copyright, the scores purchased by the users cannot be recorded/stored on the computer of a user. The user can access the scores which he has purchased solely by connecting to the page “mes achats” (“my purchases”) of the mySongBook portal.

The user can decide to close his mySongBook account at any time by going to “Mon compte” (“My account”), and then “Modifier mes informations personnelles” (“Modify my personal information”) and “Supprimer mon compte” (“Suppress my account”). As a result, he accepts to no longer have access to the scores which he has purchased with this user account through the mySongBook portal. The user can only keep the scores in a paper format and must print them before closing  his user account.

Article 5 - The prices

The prices shown in the portal are expressed in Euros and in Dollars. They can vary without any notice or prior announcement. However, a price cannot be modified once the User’s order has been validated.

AROBAS MUSIC cannot be held liable or responsible for any duties and taxes which may be eventually due by virtue of any foreign regulations applicable to the user and/or in the territory of use of the scores. The user hereby undertakes to pay the said duties and taxes and to guarantee and cover AROBAS MUSIC financially in this regard.

Article 6 - Right of retraction

Under the conditions stipulated by Article L. 121-16 of the [French] Consumer Code and within the framework of the provision of a service using exclusively one or several techniques of remote communication, the user benefits from a right of retraction of seven (7) clear days from the acceptance of the offer. When the period of seven (7) days expires on a Saturday, Sunday or public holiday, it is extended until the following business day.
 
However, pursuant to Article L. 121-20-2 1° of the [French] Consumer Code, the right of retraction cannot be exercised for contracts for the provision of services, the performance of which has started with the agreement of the consumer, before the end of the period of seven (7) clear days.

The user must notify by e-mail to the address contact@mysongbook.com his intention to exercise its right of retraction. The request for retraction must imperatively state the e-mail address used at the time of the registration of the user account. The taking into account of the user retraction for the order indicated shall be confirmed by the sending of an e-mail. The reimbursement of the order shall be made as soon as possible. It is expressly specified that any performance of the contract for the provision of a service, notably by the opening of the scores, shall make the request for retraction null and void. These rights of retraction only apply to users subject to French and/or European law.

Article 7 - Payment

7-1 Payment available
For all users, the chosen payment will be selected after validation of the purchase of a music score. Three methods of payment are available to you:

- Deferred payment : We only accept payments by bank card. At the time of your first purchase, we will ask you to enter your address and bank card details. Payments for scores purchased are combined over a period of 7 days. Past that period, your card will be debited of the amount corresponding to the total purchases made over the said period. However, if the total order exceeds 15 Euros/Dollars, the amount will be immediately debited. The user can access the music score immediately after his/her purchase. AROBAS MUSIC reserves the rights to modify the period and the limit of payment.

-  Paying with PayPal: In order to pay for your orders with PayPal, you first need to set up your PayPal account on www.paypal.com. Once you have selected your type of bank card, please fill in all required information to finalize your registration. All of your personal information will be encrypted and perfectly secure. Once your payment is confirmed, log on to the mySongBook service and click on the “My Scores” tab to view and play your music score.

- Promotional code: AROBAS MUSIC will provide its users with promotional codes allowing one or several free music score(s) of their choice to be obtained. You will just need to enter that promotional code and you will find your score(s) in the “My purchases” area.

When AROBAS MUSIC debits a user, the latter user will receive a summary of the order by e-mail. It will also be possible for the user to receive an invoice by e-mail to print out, if the user requests a receipt of the invoice via the “My account” tab and then “My invoices”.

The user may also request a paper invoice at contact@mysongbook.com, which will be sent to him/her at the address entered by him/her.

In the event of payment failure (invalid, refused or stolen card, unfunded account, exceeded limit, etc.), the rights of access to the music score will be withdrawn from the user. The user may renew his/her order to have access again to the music score or scores.

7-2 Secure payment

Paybox

Our Paybox payment system is entirely secure. Every stage in the payment process is entirely encoded and protected. Neither AROBAS MUSIC nor Paybox has any knowledge at any time of your bank card number, as that number is not fully stored on any server.  Your banking information cannot thus be stolen or recovered.

PayPal

PayPal hides your banking details so that you do not have to share them online. PayPal also protects your purchases so that, should a problem occur, you can get your money back. For more information, please visit the PayPal website.

Article 8 - Intellectual property

All of the parts of the mySongBook portal, whether they are visual, sound or conceptual, are protected by copyright, trademark law and by the database law, in accordance with the [French] Intellectual Property Code. The user undertakes not to use the products and services for purposes other than strictly personal purposes, just as he undertakes not to publish, copy, reproduce, adapt, broadcast or sell, in any way whatsoever, all or some of the protected contents to which he has access through the mySongBook portal.

The subscription for any form of access to the mySongBook service does not entail any transfer of an ownership right of any kind whatsoever in favour of the user. Furthermore, the latter undertakes not to infringe in any way whatsoever the rights of reproduction, representation and other intangible rights whatsoever held by AROBAS MUSIC.

Any infringement made to the said rights shall entail the application of the sanctions, notably penal sanctions, stipulated for this purpose by the provisions of the [French] Intellectual Property Code.

Article 9 – Personal information

During your visit to the mySongBook portal, you can consult our catalogue of scores without this entailing the registration of personal data. The Guitar Pro “Software” sends to the mySongBook “Service” the User ID for activation of the “Software” for technical purposes.

To make a purchase, you must create a user account and thus provide us certain items of personal information concerning you which are compulsory. They are necessary for the processing of your purchases and/or requests. These items of information are intended for AROBAS MUSIC, responsible for the processing, for the purposes of registration and processing of your orders, management of your customer account, marketing and statistical surveys for the purpose of providing you with the most adapted offers, monitoring of the quality of our services and market research. At the time of the creation of a mySongBook account, the user will have the possibility of accepting to receive information or not from AROBAS MUSIC and/or its partners. AROBAS MUSIC undertakes not to send you commercial offers or those of partners par e-mail if you have not accepted it.

You retain the possibility at any time to refuse the market research of AROBAS MUSIC free of charge, by connecting to the portal and in your user account using the deregistration link available in the commercial e-mails that we send you.

In accordance with the IT and Rights Law of 06/01/1978, you have a right of access, rectification and suppression of data concerning you and opposition to the processing thereof. If you wish to exercise it, you can write to AROBAS MUSIC - Euratechnologies - 165 avenue de Bretagne - 59000 LILLE - France, stating your last name, first name and e-mail address.

In accordance with the regulations in effect, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specifying the address to which the reply must be sent to you. A reply will then be sent to you within a period of 2 months from the receipt of the request.

Article 10 - Liability

The user is solely responsible for the consultation, choice, use and interpretation of the services provided by AROBAS MUSIC.

AROBAS MUSIC undertakes to describe with the greatest accuracy the products sold on the mySongBook portal. Nevertheless, AROBAS MUSIC’s liability cannot be involved in the event where the breach of its obligations should be attributable either to the unforeseeable and insurmountable act of a third party to the contract or to an event of force majeure as defined by French jurisprudence. Similarly, AROBAS MUSIC’s liability cannot be involved for all the inconveniences or damage inherent to the use of the Internet, notably a breakdown in service, an external intrusion or the presence of computer viruses.
In some countries, the laws in effect forbid or restrict free access to some intellectual works. The customer undertakes to verify that, given the law of the place of his order, there are no similar bans or restrictions concerning the scores ordered. AROBAS MUSIC’s liability cannot be involved because of the illegal nature of the order, downloading of the scores ordered and the use that the customer makes thereof. The customer is solely responsible for the use that he makes of the service and cannot hold AROBAS MUSIC liable for any claim and/or proceeding brought against him. Furthermore, since AROBAS MUSIC is not the owner of the scores, it cannot be held liable for the consequences that the latter may eventually cause.

Article 11 – Governing law and territorial jurisdiction

These General Conditions are governed by French law. The mySongBook portal complies with French legislation and AROBAS MUSIC does not give in any event a guarantee of compliance with the local legislation that may be applicable to you when you access the portal from other countries.

If this Contract is translated into another language and if a contradiction exists between the original version of these general conditions and its translation, the French version of these general conditions is overriding.

Any possible dispute directly or indirectly related to the use of the mySongBook portal shall lie within the exclusive jurisdiction of the French Courts.