Last updated: March 2015
1. Adoption of the agreement.
The Delta Musique General Terms and Conditions are a legal and binding agreement between you and Delta Musique that includes your use of all Delta Musique materials, information, contents, products and services provided to you by Delta Musique, including but not limited to Delta Musique content on Delta musique.com and its subdomains (collectively the "Site"). [Hereinafter referred to as the "Agreement"].
Please read the agreement carefully before using the website. By using or otherwise accessing the Website or any component thereof, you agree to be, and become, the parties to this Agreement and you agree to abide by and comply with the terms and conditions set forth herein. If you do not accept and agree to all terms and conditions of this agreement, please do not access or use the site in any way. Use of the Site means any access or attempting to access or use the Site, including, but not limited to, the access or use of Freeplay Content, content contained on this Site.
By using this website, you acknowledge that you are over 18 years of age (or you have permission from a parent or educational authority) and are legally able to accept this agreement. When you use the Website on behalf of a company, you ensure that you are authorized to accept this Agreement on behalf of the Company and that this entity is obliged to indemnify Delta musique for any breach of this Agreement
2 (a) Free Broadcast Uses:
submission of keyword pages, the headings must be submitted no less than quarterly. Simultaneous copies of all music cue sheets containing each Delta musique music must be sent by email to:
The non-compliance of the registration forms or the simultaneous sending of copies of these keyword sheets in Delta musique shall expire and release the contract ("invalidation of thecontract").
Such annulment of the contract may include the use and / or prior use of the DeltaMusemusic as acts of the infringement under the copyright laws of France and in compliance with the remedies provided for in the French copyright laws
2 (b) Free theatrical use:
To the extent that the credits roll in a program, the Delta Musique is granted an appropriate screen credit with size and placement on a so-called most preferred nation with all other music providers as follows: "Music created by Delta Musique. .com "If the application forms are either not submitted or copies of these keywords are sent to Delta musique, the agreement expires (" Invalidation of the contract ").
Such annulment of the contract may prohibit the use and / or prior use of the DeltaMusique music which may be imposed as acts of the offense under French copyright law and subject to the remedies provided for in the French Copyright Act.
2 (c) Free personal use:
3. Use Freeplay content that requires a signed paid license:
All the following uses of Delta musique Content require a fully signed and paid license with Delta Musique for use:
Any local, regional, national, standard or cable transmitter that does not have ASCAP, BMI, GEMA, APRA, SIAE, SESAC, or ZAIKS ceiling license as defined.
Television broadcasting outside France.
Advertising and promotional or other similar uses
direct-to-video, DVD, CD, CDR DVDR, downloads or other similar media, including replication, distribution, promotion or sale;
Books and / or magazines
Games and / or toy use
Power Point presentations
Music on hold
Any website including, but not limited to personal websites and any website used to promote a business, product, service, organization or club:
Any videos including videos posted, viral or disseminated in any other fashion.
Gaming / Shareware / Freeware
Film Festivals / Competitions - [intentionally removed]
Any modification of Freeplay's content, including, but not limited to, a modification or addition to Freeplay's music, the use of Freeplays music in creating a new copyright or creating a derivative work of any of the music of Freeplay.
All other uses which are not entitled to a free license under paragraph 2 (a), 2 (b), (2) (c)
Please note that the rates are provided on the tariff charts as examples for various fees, but are not given as price quotations and are not binding for Delta musique. All fees are calculated on a case-by-case basis.
4. Delta musique may, at any time, add, delete, or modify the terms contained in this Agreement at its sole discretion. If a change is unacceptable to you, you no longer need to use the site. Unless expressly stated otherwise, any changes shall be effective immediately upon receipt of the notice of such change (effective date). Your continued use of the Site after the Effective Date is your binding acceptance and agreement to be bound by the changes set forth therein. You should check back regularly and regularly review the terms of this agreement so that you are aware of the most recent
rights and obligations that apply to you and the terms of your agreement with Delta musique. All new materials, information, content, products and / or services that are available will be considered Delta musique content and part of the website and your use of them is subject to the terms of this agreement, unless Delta musique notifies you that different Terms and conditions apply. You must also comply with additional terms and conditions that apply to third parties, materials, information, software or other services or websites. Delta musique reserves the right to make changes to the website at any time and from time to time, temporarily or permanently, with or without prior notice.
You agree that the Delta Musique shall not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, interruption or interruption to the Site.
5. You may not use the Website directly or indirectly to alter, modify, or impair the Website, or any information, data or materials posted and / or displayed by Delta Musique, or impaired or impaired ;
Or act in a manner which negatively affects or reflects the Delta musique, the website or a related person. You agree to comply with all local, state, federal, statutory and regulatory requirements, as well as all international treaties applicable to your use of the Site.
6. By using this site and / or uploading material on this website, you represent and warrant, as a material part of this Agreement, that all intellectual property rights, content or media you upload ("Your Content") in any way Infringed the intellectual property rights of third parties, including those which are expressed in registered or unregistered copyrights, trademarks, patents or business secrets, whether under Community law, by law, or under the terms of the Digital Millennium Copyright Act, as amended.
By uploading, posting, modifying or displaying your content to any part of our service or website, you automatically grant and represent and warrant that you have the right and all necessary licenses to grant us an irrevocable, non-exclusive, non-exclusive, To transfer, transfer, distribute (partially or fully), transfer and distribute your Content for any purpose on or in connection with our Service or Service Or the transportation of them to create derivative works or to integrate into other works, your content, and sublicense the above. You also grant a non-exclusive license to access the contentof the Site through the Site, as well as to use, duplicate, distribute, display and perform your content as permitted by the functionality of the Site and under these Terms of Service.
You also agree not to upload any pornographic, obscene or content with any form of child exploitation.
If you believe that our website contains content that violates your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same.
If you believe your work has been copied in a manner that constitutes copyright infringement and you want the content to be removed, please provide our copyright agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (B) A description of the copyrighted work you have made has been infringed;
(C) A description of where the material you claim is infringed is on the website; (D) Your address, telephone number and e-mail address; (E) A statement from you that you believe in a good faith that the disputed use is not authorized by the copyright owner, his authorized representative or the law; And (f) A statement from you made under penalty of perjury that the above information is correct in your notice and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Our copyright agent for the publication of claims of copyright infringement on the construction site can be reached as follows:
Pursuant to Sections 512 (2) (G) and (3) of the Digital Millennium Copyright Act, we may restore content if we receive a counter-notification from the content provider.
If you are the content provider and you feel that you must submit a counter notification of content removed from our site, you must submit a counter notification, in writing, which must include:
(1) Identify the specific URL related to the content that Delta musique removes or disables access to;
(2) Enter your name, address, telephone number, e-mail address. Also provide a statement that you agree to the jurisdiction of the District Court of Justice for the jurisdiction where your address is located, if your address is outside France and that you have served the service of the proceeding from the person, institution or agent of the previous, The communication pursuant to
(3) Include the statement: "I swear, under penalty of perjury, that I believe a good belief that the content was identified has been removed or disabled due to a mistake or misidentification of the material being removed or disabled, Identified by the complainant, has been removed or disabled at the identified URL and is no longer displayed "; (4) Signing of the notice; (5) by e-mail
Please note that you are liable for any damages (including costs and legal costs) if you represent materially that your content and / or your activity does not infringe the copyright of others. Ifyou are not sure whether your content or activity violates the copyright of others, we advise you to consult with a lawyer.
8. Intellectual property.
(A) Copyright. The content, organization, graphics, design, assembly, magnetic translation, digital conversion and other related matters are subject to applicable copyright, trademark and other proprietary rights (including, but not limited to, intellectual property). Any duplication, redistribution, use or disclosure in any form or by any means, or parts of, the Site, to the extent permitted by this Agreement is strictly prohibited. You do not acquire ownership of any content, documents, or other materials that are viewed through the Site. The sending of information or materials on the website does not constitute any waiver of any rights to such information and materials.
(B) Trademarks: Delta musique and other names used throughout the Site are trademarks or registered trademarks of Delta Musique or other third parties. Other product and company names mentioned on the website may be trademarks of their respective owners.
(C) Delta musique Content: The content available through the website is the property of Delta musique or its licensors and is protected by copyright and other intellectual property laws. You acknowledge that Delta Musique retains ownership of the Site and all intellectual property rights associated therewith. In the event that you own or control the rights, you agree that all rights hereunder shall be transferred to Delta musique as irrevocable. They will implement these transfer instruments and other documents relating to the rights of DeltaMusique or their authorized representatives and forward them to the DeltaMuse. Delta musique may sign these documents on your behalf (and you hereby appoint Delta musique as proxy and attorney for such purposes) and duly comply with them in accordance with this Agreement. Unless expressly granted herein, you will not be granted any rights or licenses for patents, copyrights, trade secrets or trademarks in relation to the Site or its contents, and Delta musique reserves the right not to be responsible for the content of this site. You must promptly notify Delta musique in writing of your discovery of unauthorized use or violation of the Site or its content or patent, copyright, trade secret, trademark or other intellectual property rights. The site contains proprietary and confidential information protected by copyright and international treaty provisions.
9. (a) Where Delta musique, its licensors, suppliers, affiliates, affiliates or third parties are liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages or any other form of damages Arising out of or in connection with this agreement or your use of the website, regardless of the form of the action or the basis of the claim or whether the Delta has been musique or not advised on the possibility of such damages.
Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
(B) You agree to indemnify Delta musique for any losses, expenses, costs or damages (including reasonable attorneys fees, expert fees and other reasonable costs of the litigation or proceeding) resulting from or resulting from loss And to hold any manner in connection with any claim or act which is based on your violation or non-compliance with the terms and conditions of this Agreement, your use of the Site and / or use of the Site by any other person using youridentification information. Delta musique may, at its sole discretion, participate in the defense ofsuch claim or action and any negotiations for its settlement or compromise. A billing that may affect the rights or obligations of the Delta Musique shall be made without the prior writtenconsent of Delta Musique. Delta musique reserves the right at the expense of the Delta Musique and upon notice, the exclusive defense and control of such a lawsuit Or act, and in suchcircumstances your obligation to indemnify will be terminated. You will make reasonable efforts to prevent the introduction and will not introduce into the websites, software or network ofDelta musique, viruses, worm, backdoor, Trojan horse or similar harmful code.
10. Delta Musique may terminate this Agreement, limit, suspend or terminate your use of the Site without undue delay or without notice or liability if you breach, breach or otherwise violate this Agreement, and this does not imply any other right or right Remedial measures available to the Delta musique. You may terminate this Agreement by notifying the Delta Musique of a written termination and not using the Website and any Delta Musique content. Termination is your sole right and exclusive remedy if you are not satisfied with the site. Upon termination of this Agreement, your right to use the Site and any Delta Musique content will be terminated immediately. Termination of this Agreement does not release you from any obligation to pay any accrued or ongoing fees.
Without prejudice to any other provisions relating to termination, Delta musique reserves the right to terminate your use of the Website or the Delta Musique Content for any reason without notice for three (3) days' notice
11. This Agreement is governed by the laws of Strasbourg without regard to its conflict rules and you hereby declare the exclusive jurisdiction of a court in the federal courts of Strasbourg in respect of any disputes arising out of or in connection with the website. In addition, you hereby agree to the exclusive jurisdiction of any court in these courts for any action you may take against the Delta Musique or its affiliates. The use of the website is unauthorized in any jurisdiction which does not apply to all provisions of these terms, including, without limitation, in this section. The Delta musique fulfillment of this Agreement is subject to applicable laws and regulations, and nothing contained in this Agreement is in accordance with the right of the Delta Musique to comply with government, court or law enforcement requests or requirements regarding your use of the Website or the Site Information, collected by Delta musique regarding this use. Any process in any action, suit, or process arising out of or in connection with this Agreement may be served by you by either delivering it or sending it to you. Any such service or postal service shall be deemed to have the same power and effect as the personal service in Strasbourg.
12. These terms and conditions and other policies, rules and regulations that are described, linked, or otherwise referred to and which form an integral part of this Agreement, constitute the entire agreement between you and Delta Musique and supersedes all prior or inconsistent understandings, representations, or agreements on the Site.
13. You agree to pay Delta musique, all reasonable legal fees and expenses incurred by the Delta Musique to collect any amounts due. Your agreement with Delta musique may be terminated without notice if the payment is overdue, regardless of the amount of the Euro. You agree to pay an outstanding balance within thirty (30) days after termination or termination of your agreement. The client also pays due at this time when the amount is due until the acquisition of the company. The right to such payment shall be in addition to the other remedies available to the Company under this Agreement or the Act. Delta musique reserves the right at any time to modify fees and billing methods, including supplementary fees or separate fees for the content, valid for thirty (30) days after online booking on the fees page under [Link]. Delta musique can also provide an e-mail notification of billing changes. If such a change is not accepted for you, you may terminate your use of the website by informing Delta musique in writing of your termination and not using the website.
Your continued use of the website after the effective date of the change of fees and billing methods is the adoption of this change. Music, loops, beatz and Atmos are offered for download only After the payment the download incl. of your selected licenses
14. Should any portion of this Agreement be invalid or unenforceable under the applicable law, including, but not limited to, the foregoing exclusions and limitations of liability, the ineffective or unenforceable provisions shall be deemed to be a valid, enforceable provision most closely related to the intent of the original provision And the remainder of the Agreement shall take full effect. No failure or delay in the enforcement of any provision, the exercise of an option or a performance obligation shall be interpreted as waiving this or any other right in connection with this Agreement.
Any provision that must survive in order to enable Delta musique to enforce its meaning shall survive the termination of this Agreement, but where no action arising from this Agreement or your use of the Site is made, regardless of the form or basis of the Agreement Claim, may be made by you more than one (1) year after the commencement of the action (or if several causes arise from the date on which the first such cause arose) and you herewith waive a statutory period of limitation which is permitted by law Is.
15. Viewing, printing or downloading content, graphics, forms, or documents from the Site grants you only a limited, non-exclusive license to use solely for your personal use and not for re-publishing, distribution, assignment, sublicense, Sale, preparation of derivatives or other uses. No part of a content, form or document may be reproduced or transmitted in any form or by any means, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or through the website (such as RSS feeds). Access to this website via automated means is expressly prohibited unless explicitly or implicitly stated (APIs, RSS feeds, etc.). The use of bots, crawlers, scripts, or other automated means to access and manipulate the content of this site, including streaming, downloading, and commenting on comments, is expressly prohibited.
16. We reserve the right to edit or delete any documents, information or other content appearing on the Website. This includes all uploaded audio or visual content, as well as graphics, avatars, or comments that may be published on the Site
17. Your right to use the Website is not transferable. Any password or right that is provided to you to receive information or documents is not transferable.
19. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THEINFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITESHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION HEREIN