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GENERAL TERMS AND CONDITIONS FOR USE
OF THE "CLAW" PLATFORM
Latest version updated on 31 January 2014
The French language version is the original version of this document. It is also available in English. In the event of a conflict between the translation(s) of this document and the original French version, the latter shall prevail.
"CLAW" is a collaborative music creation PLATFORM (hereinafter called the "PLATFORM").
The purpose of this PLATFORM is to help musical groups by enabling them to create projects online to work remotely and thus make better progress in the composition process.
This PLATFORM can be used through a web browser.
These General Terms and Conditions for Use (GCU) cover the beta version of the PLATFORM.
1. RELATIONSHIP BETWEEN THE USER AND THE PLATFORM
These GCU are a contract between the user of the PLATFORM, hereinafter called "the USER or YOU", and Inria, a French Public science and technology institution governed by Decree no. 85-831 of 2 August 1985, located at Domaine de Voluceau-Rocquencourt, BP 105, 78153 Le Chesnay Cedex, France, represented by its President and Chief Executive Officer, Mr Michel COSNARD, hereinafter called "Inria".
IF YOU ARE UNDER THE AGE OF 16, YOU MAY NOT USE THE PLATFORM WITHOUT WRITTEN PARENTAL AUTHORISATION.
WHEN YOU REGISTER, YOU AGREE NOT TO REGISTER UNDER A FALSE IDENTITY AND TO ENSURE THE ACCURACY OF YOUR PERSONAL DATA. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS OF THESE GCU. PLEASE READ THE FOLLOWING CLAUSES CAREFULLY.
2. ACCEPTANCE OF THE GCU
The USER wishes to use the PLATFORM for the purposes of internal tests, only for personal, non-commercial uses.
Clicking on the "I accept" icon shall mean that the USER acknowledges having read the GCU and that the USER accepts them for the entire period of use of the PLATFORM (i.e. as long as the USER account exists), hereinafter the "DURATION" of use.
Inria shall agree to maintain the confidentiality of any personal data that the USER provides and to not transfer these data to any third party.
All personal data collected for the use of the PLATFORM shall be collected through voluntary communication by the USER and are subject to declaration before the CNIL (French National Committee for Data Protection).
In accordance with all applicable French and international laws, and in particular with the French "Personal Data Protection" Law no. 78-17 dated 6 January 1978, the USER shall have a right to access, correct, or delete any of his or her personal data by contacting the Inria representative (see the CONTACT Article).
When YOU use the PLATFORM, your personal identification data will not be communicated to third parties. Your data are confidential. Inria shall agree not to disclose them to any third party.
The information associated with your USER profile will be used only to process your service application and to strengthen and customize communication and the offering, reserved for USERS of the PLATFORM.
4. OWNERSHIP OF THE PLATFORM
Inria holds all patrimonial rights associated with the PLATFORM. These GCU do not transfer any ownership to the USER.
5. RIGHTS GRANTED TO THE USER
For the DURATION of use, Inria grants the USER a right of use the PLATFORM.
The USER acknowledges that any use that is not in compliance with the above provisions would amount to an infringement of the intellectual property rights related to the PLATFORM and accordingly would constitute an infringement. In particular, the USER shall be prohibited from any reproduction, distribution, or adaptation of the PLATFORM.
6. USE OF THE PLATFORM
The USER may register
· Either by entering his / her email address and selecting a password. Inria will send an Email indicating the procedure to follow for confirming the validity of the email address. The account will be unusable unless it is confirmed.
· Or by signing in through "Facebook Connect" or "Connect with Soundcloud".
YOU agree to keep your password secret and confidential, to not share your account with others, and to not use the accounts of others. YOU shall be responsible for any use of your account, until you close your account, or if YOU can prove that the security of your account was not compromised through any fault of your own. To close your account, contact the Inria representative (see the CONTACT Article).
7. COMMITMENTS BY THE USER
The USER shall agree to:
· Not infringe, bypass, reverse engineer, decompile, disassemble, modify, or create derivative works from all or part of the PLATFORM or any potential updates to it, or alter the PLATFORM in any way whatsoever.
· Not harm or damage the PLATFORM.
· Use the PLATFORM under his / her sole liability.
· Comply with current laws, and in particular intellectual property law (copyright, trademark, patent, database, etc.), respect privacy and good moral standards, and the right of publicity.
· Not post, download, publish, submit or transmit any content on the PLATFORM that is fraudulent, falsified, ambiguous or misleading, defamatory, obscene, pornographic, degrading or offensive to human dignity, would incite discrimination, fanaticism, racism, hate, violence, assault, or other abuse against any individual or group.
· Not harass, abuse, or cause any harm whatsoever to another person, including sending unsolicited messages to other USERS of the PLATFORM.
· Not use or attempt to use others' accounts or create a false identity.
This list is non-limiting.
The USER may respond to satisfaction questionnaires and occasional questions that Inria may send.
8. RIGHTS AND GUARANTEES GRANTED BY THE USER CONCERNING HIS OR HER CONTRIBUTIONS TO THE PLATFORM
At any time, YOU may request the deletion of your information, unless you have shared this information or content with other persons who have not erased it, or if this information or content has been copied or stored by other USERS.
By submitting a contribution (i.e. a recording in the form of an audio file or comment, which may potentially contain words), to the platform, you declare and guarantee that you have the right to submit this contribution, that it is accurate, that it is not confidential, and that it does not violate any contractual provision whatsoever or any other third-party right.
INRIA MAY NOT BE HELD LIABLE FOR ABUSE OR MISAPPROPRIATION OF THE CONTENT OR INFORMATION THAT YOU PUBLISH ON THE PLATFORM.
9. WAIVER OF GUARANTEE
Inria cannot guarantee or state:
· That the PLATFORM is free of anomalies, errors, viruses, data overwriting programs, Trojan horses, or any other destructive material;
· That the information contained in the PLATFORM is accurate, complete, or up to date.
The PLATFORM may contain technical inaccuracies or other flaws, and Inria cannot guarantee the correction of these flaws.
The PLATFORM is a research prototype, and for this reason, it is presented "as is" and "where available".
Inria expressly excludes any express or implicit warranty of any kind.
The PLATFORM may contain hypertext links to third-party websites not published or controlled by Inria, which may not be held liable if the content of such websites violates current laws or regulations.
The relationships that YOU maintain with the websites to which YOU are redirected from the PLATFORM are completely independent of Inria and involve YOU only.
Any contracts and/or commercial relations that YOU may conclude with any third party website are completely independent of Inria and are concluded directly between YOU and the service provider.
Inria encourages the USER to seek information from the third party site to which he or she is redirected on their general terms and conditions for the use and sale of their services.
Inria may not be held liable for any direct or indirect damage suffered by the USER through use of the PLATFORM, from difficulties encountered in its use or the impossibility of using the same.
Inria shall not guarantee that the PLATFORM it provides will operate without interruption or without operating errors. In particular, the operation of the PLATFORM may be suspended for maintenance, updates, or system or network failures. Inria may not be held liable for any harm resulting from such a suspension or operating error. Moreover, Inria may not be held liable in the event of poor operation, impossibility of access, or poor conditions for using the PLATFORM due to unsuitable equipment, disruptions due to Internet service providers, Internet network saturation, or for any other reason.
12. TERMINATION - UPDATES TO THE GCU
YOU may terminate your account by clicking on the "edit my profile" page on the Platform, and then clicking on "delete my account", or by contacting the Inria representative by email (see CONTACT article) with or without reason, at any time, by notifying Inria. This notification shall take effect at the time Inria processes it.
The rights granted to YOU under these GCU will be automatically terminated without notification from Inria if YOU do not comply with the terms of the GCU. In the event of termination, YOU must cease all use of the PLATFORM, and Inria may immediately revoke your access to the PLATFORM without advance warning. Any lack of reaction by Inria or failure to ensure that YOU comply with these GCU may not be interpreted as a waiver of any of Inria's rights.
These GCU may be updated regularly and at any time, to offer new products or characteristics or to meet legal or regulatory requirements, by posting the updated GCU on the PLATFORM. Your use of the PLATFORM after the effective date of the updates to these GCU shall constitute acceptance of them.
13. PARTIAL INVALIDITY
If any provision in these GCU is declared null or void, it shall be considered separable from the other provisions and shall not affect the validity or application of the other provisions.
14. LAW - ASSIGNMENT OF JURISDICTION - LANGUAGES
These GCU are subject to the provisions of French law. Any disputes resulting from the interpretation or execution of these GCU that cannot be solved amicably within a reasonable period will be brought before the competent French court.
If you have any questions or comments about these GCU, the Inria representative is Gabriel CARDOSO:
16. SPECIAL TERMS FOR USERS OUTSIDE FRANCE
We are attempting to create a community without borders with consistent standards for all, while complying with local laws. The following terms shall apply to USERS outside of France: YOU accept that your information may be transferred and processed outside of France.