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This site aims to promote musical works, both in classical and electronic music. The music has been composed and produced in a studio equipped with some of the best professional softwares and samplers available. In order to conciliate a level of encoding ensuring an optimum listening quality with a minimized size of files, the MP3pro format (111 Kbps VBR, 44 KHz) has been preferred (see About MP3pro). To better assist you in purchasing items corresponding to your expectations, this site gives you the opportunity to listen to a minute sample of each available title (which represents nearly 2 hours of free music listening). These samplers are representative enough to allow you picking the tunes of your choice. Besides, each listening album page offers you a text presenting the whole work. Choosing downloading commits your responsibility (see conditions listed below). The entire site is the exclusive property of MP3-creation, as well as the set of rights accruing to it. As a consequence, the use you will make of this music must remain strictly conform to the following contractual agreement.
The general terms of use and purchase are defined accordingly as follows:
1. Conditions of acceptance
2. User Chart
3. Hypertext links
4. Products
5. Ordering
6. Delivery
7. Price
8. Payment and Security
9. Warranties
10. Contentions
11. Data Protection
12. Piracy Alert
1. Conditions of acceptance
The customer acknowledges and agrees with the terms of use and purchase presented below and expressly declares his unreserved acceptance to these terms. The current general terms of use and purchase precise to which extent he may access and use the content available on the MP3-creation's site and determine the contractual relations between MP3-creation and its customers. These general conditions will prevail on any other conditions appearing on any document, unless otherwise specified expressly and in writing.
2. User chart
Today, it is possible to acquire a musical piece from a simple mouse click. That is a great possibility in that it allows anyone to have at his disposal personalized record collections as rich as those of the best record shops of the planet. The access to music for all, with its consequence, the access to the public for all the artists, allows to better share the productions of this art. The music culture benefits from a tool of propagation and spreading that make more efficient its quest and its knowledge. However, if you do want, as the artist does, that such exchange continues, it is absolutely essential to not share the downloaded files with other music lovers. Or even worst, selling it or swapping it on some pirating sites. You may share the listening in your private space, but not the files. You may share the addresses of your favorite artists, the opinions, the comments; you may create forums, but leave to your artists their unique means of subsistence. By doing so, you respect them and you respect yourself. If you do appreciate a work to the point of desiring a personal copy of it, it is essential that you buy it and not try to get it through devious means. Then, you give to your favorite artists the possibility to exist. That is why purchasing items on MP3-creation.com implies your tacit acceptance of the following user rules:
a- The graphical, pictorial, written or audio content available on the site is the intellectual property of MP3-creation. This content is protected by copyright and international laws. You cannot, under the penalty of the laws, reproduce, distribute, publicly perform, transmit, modify, sell, create derivatives works or combine to other works this content (unless explicit authorization).
b- You shall be authorized to use the downloaded files for your strict personal use.
c- You shall be entitled to export and copy the purchased files for your personal use only.
d- Any burning of the purchased files or exporting capabilities on the medium of your choice shall not constitute a grant or a waiver (or other limitation or implication) of any rights of the copyright of MP3-creation.
e- The delivery of ordered files does not transfer to you any rights for a commercial or promotional use.
f- You agree to not attempt to circumvent the above rules, or to encourage or assist any other person in that undertaking.
g- You agree that purchasing the catalogue items constitutes an acceptance of and agreement to use such items solely in accordance with the User Chart, and that a non-respect of this Chart may constitute a copyright infringement.
3. Hypertext links
The site contains hypertext links intended to assist you in your search of information. No contractual relation binds MP3-creation to the listed links. MP3-creation shall not be liable for the content of these sites, as well as for the content of any other sites listed in these sites. Therefore, MP3-creation shall not be responsible for the use you will make of these links.
Hypertext links to MP3-creation.com are authorized without specific request.
4. Products
Use of the products requires a compatible device and eventually Internet access. Playing the purchased files necessitates owning a device capable of reading the MP3 files; eventually software (that may require obtaining updates or upgrades from time to time) may be necessary depending on the type of device you use. Because use of the service and the downloaded files involves hardware, softwares and eventually Internet access, you ability to use the service or the downloaded products may be affected by the performance of these factors. You acknowledge and agree that the quality resulting from a satisfying use and upkeep of these factors are your responsibility.
MP3-creation reserves the right to remove or modify the content of its site at its sole discretion.
5. Ordering
Automated registration systems are considered as a proof of purchase, appointing the nature, the content and the date of the order. MP3-creation confirms the acceptance of the customer's order using the provided e-mail address. Approval of the sale is effective on receipt of the order confirmation. MP3-creation reserves the right to cancel any order of a customer with which a contention relative to the payment of a previous order would exist. The customer shall be liable for the data entered to place an order: in the event of a mistake in the wording or the numbering, MP3-creation shall not be responsible for the inherent impossibility to deliver the product.
As a registered user of the MP3-creation's service, you are solely responsible for maintaining the confidentiality and security of your customer account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately report to the customer service, at customer-service@mp3-creation , any unauthorized use of your account. MP3-creation shall not be responsible for any losses or damages arising from unauthorized use of your account. Activities occurring on your customer account are your responsibility.
6. Delivery
After confirmation of your order, MP3-creation will e-mail you to provide you with the information necessary to access your dedicated downloading page.
Any unexpectedly interrupted downloading will be launched again provided that you inform the customer service of that interruption, at customer-service@mp3-creation , which will proceed with verifications.
7. Price
The price is displayed in euro. The price indicated in your order confirmation corresponds to a definitive price. All products sold by MP3-creation are franchised of VAT, in accordance with clause 293B of CGI.
Prices and availability of downloadable products are subject to change at any time.
8. Payment and security
The price billed to the customer is the price indicated on the order confirmation e-mailed by MP3-creation. Payment of the ordered items immediately follows the effective order. Payment may be realized using a credit card (CB, visa, MasterCard) or by check. In the latter case, delivery of the items will be granted on receipt of the check only. The online SP+ payment security service allows you paying via the bank server of the Caisse d'Epargne in a secure environment. Your credit card number is then directed to a designed bank server, the payment being directly processed through the bank without passing through the server of the online shop. Thus your banking data are only known by our bank partner (the Caisse d'Epargne). Any order placed by the customer will be considered as effective upon approval of the concerned banking payment centers. In case of refusal, the order will be automatically cancelled and the customer notified by e-mail. In addition, MP3-creation reserves the right to refuse any order to a customer with which a contention may exist.
MP3-creation does not guarantee that the conditions you use to download the available or purchased files on its site exclude any breach of security in your system (corruption, loss, attack, viruses, and interference). You are liable for protecting and storing your downloaded data to prevent their possible loss or damage. MP3-creation shall have no liability to you in the event that a loss, damage or a destruction of your data would be related to transmission errors, technical defects, failures, or illegal intrusion in your system, and that would result from using Internet, softwares, opening of suspicious files, or malfunctioning of your materials. MP3-creation shall also not be responsible for any damages caused by a failure, an interruption (of you Internet access or due to upkeep of your system) as well as an overload affecting your system.
9. Warranties
You agree that your use of, or inability to use, the service and the products proposed by MP3-creation is at your sole risk. The service and the items delivered to you are provided « as is » and « as available », without further warranties of any kind, either expresses, implicit or implied.
In no case shall MP3-creation be liable for any direct, indirect, fortuitous or special damages inherent to using its site. As for any other claim related in any way to your use of the site and its service, including, but not limited to any errors, losses or damages incurred as a result of using any content (or product) posted, transmitted, downloaded, or otherwise made available through the site.
MP3-creation does not warrant that its service excludes any loss, damage, attack, viruses, interference or illegal intrusion of your system and shall not be liable in that event. You are responsible for backing up your data and protecting your own system.
10. Contentions
The current contract is subject to French rights. MP3-creation shall not be responsible for any damage, whatsoever, material, non-material or physical, which may result from any malfunctioning or inappropriate use of its commercialized products. In all cases, the responsibility of MP3-creation will not exceed the amount debited on ordering and cannot be questioned on the basis of errors or omissions that may have remained in spite of all the precautions taken in presenting the products. In the event that difficulties would arise from the application of the current contract, the customer has the possibility of, before resorting to justice, looking for a friendly solution by getting helped with an appropriate professional or consumer organization or any other consultant of his choice. It is reminded that, as a general rule and subject to the court appreciation, respecting the terms of the current contract relative to the contractual warranty implies, for the customer, honoring his financial commitment towards the seller. Any claim or dispute will be welcomed with a favorable attention, the good faith being always presumed in anyone taking the trouble to explain his situation. In case of contention, the customer will contact, as a priority, MP3-creation to work on a friendly solution. Failing that, the commercial court of Béziers is sole competent, whatever the place of delivery and the type of payment accepted.
11. Data protection
The banking and nominative data collection is mandatory to enable e-selling. These data are indispensable to treat and forward the orders, as for delivering the invoices. The lack of mandatory data involves the nullification of your order. In conformity with the law " Informatique et Libertés ", the treatment of the customer's nominative data has officially been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL) under the record 1083140. According to the French law, the customer disposes (clause 34 of the law adopted on january 6th, 1978 ) of a right of access, modification, rectification and destruction of his nominative data. Right that he may exert by requesting its application to MP3-creation. Besides, MP3-creation is committed to not give, in any circumstances, freely or upon compensation, to a third party any data relative to its customers for promotional or commercial purposes.
12. Piracy alert
To report any site illegally distributing or allowing illegal exchange of any items or content available via the MP3-creation's site, please contact the customer service at customer-service@mp3-creation by mentioning « Piracy Alert » in the title of your message.
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