This website is operated in France. Its use is governed by French law.
PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Any use of this website (referred to hereinafter as the "Website"), including simply consulting the Website, is subject to the following general terms and conditions of use (referred to hereinafter as the "TAC"). Please read the terms carefully before using the Website.
1. ACCESSING THE WEBSITE
Access to the Website is reserved for DJs (disc jockeys) and persons interested in mixing; the Website is intended exclusively for these users.
Access to the Website or the use thereof, even without registration, implies adherence on the part of the user (referred to hereinafter as the "User" or "You") to the following TAC. If you do not accept the TAC, you must exit the Website immediately.
Your use of the Website is subject to the latest version of the TAC. Guillemot reserves the right to update the TAC at any time without prior notice to you. It is your responsibility to regularly consult the TAC in order to ensure that you are aware of any changes which may have been made. The latest version of the TAC can be reviewed by clicking the "Terms And Conditions" link located at the bottom of each page on the Website. In addition, when accessing specific zones or resources of the Website, you must respect the rules and directives of the Website displayed, applicable to these zones or resources, which may contain particular terms and conditions of use, and which in that case are thereby incorporated into the TAC.
Any commercial use, reproduction, distribution or transmission of all or part of this Website or of any information contained therein, by any means whatsoever, without the prior written permission of Guillemot Corporation S.A. is strictly prohibited.
2. WEBSITE OWNERSHIP
The Website belongs to Guillemot Corporation S.A. (hereinafter "Guillemot").
3. INTELLECTUAL PROPERTY RIGHTS: LIMITED LICENSE
Guillemot grants you access to various audiovisual contents and resources (referred to hereinafter as the "Material" or "Materials"): for example, documents, information, images, videos, music, photos, software, and texts.
All intellectual property rights, logos, copyrights, all brands, commercial trademarks, as well as all creations or information protected by law, mentioned in these TAC are the property of Guillemot and/or of their respective owners.
Except as expressly provided herein or on the Website, the User is granted a license limited to viewing on the screen of a personal computer and printing on paper the contents of the Website for their own personal and non-commercial use alone, and, where a Material on the Website is specifically mentioned as being available for download, to downloading this Material onto a single personal computer for personal and non-commercial use only, subject to the condition that the copyrights, brands and other notices of ownership remain intact. The granting of this limited license is conditional upon your agreement to and compliance with the TAC. Any other use of the Materials contained on the Website including, but not limited to, any reproduction, modification, distribution, or republication, without the prior express written consent of Guillemot is strictly prohibited, and is a violation of the intellectual property rights of Guillemot and/or of their respective license owner(s). The use of the Materials on another site or publication of the same without the prior express written consent of Guillemot is strictly prohibited, and is a violation of the intellectual property rights of Guillemot and/or of their respective license owner(s).
Except as expressly provided herein, Guillemot does not grant any express or implied right to you under any patents, copyrights, trademarks or confidential information with respect to the Materials.
4. NOTICE SPECIFIC TO CERTAIN MATERIALS
If you download any Software from the Website, the use and downloading of the Software including, but not limited to, the use and downloading of images or files incorporated into or generated by the Software, shall be subject to the limited license set out above as well as to compliance with the Software's licensing contract. Guillemot and/or its respective licensors (as the case may be) shall retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell or transmit, modify or adapt the Software, including but not limited to translating, decompiling, disassembling, reverse engineering or creating derivative works therefrom other than to the extent permitted by applicable law.
The Website may contain videos and music (mixes, for example) subject to specific licenses. In that case, you agree to respect the terms of these licenses.
5. BECOMING A MEMBER/MEMBER ACCOUNT
Description of the registration procedure
Subject to compliance with the TAC, a User may register in order to acquire (in addition to User status) the status of Member and thereby access certain zones, advantages or functionalities of the Website.
In order to become a Member, the User must complete a registration request form. To do so, the User must create and enter his or her username ("Username") which will serve as identification on the Website, indicate his or her family name and given name, date of birth, country of residence and email address. In addition, the User must create a password and may indicate the signature he or she wishes to appear with his or her messages posted in the forum and on the blog.
The User must select his or her username and may upload an avatar (photo or image which will be placed underneath your Username to accompany your messages posted in the forum and on the blog) pursuant to currently applicable legislation and must, in particular, be sure to respect an orderly code of conduct as well as good manners.
You certify that the information relating to your identity (family name and given name) is correct.
Registration by any person aged less than 13 years old is not permitted. By using the Website or registering on the Website, you certify that you are at least 13 years old.
Minors must have permission from their legal representative (parent or guardian) in order to register on the Website; to register on the Website, a minor must confirm that he or she has the permission of his or her legal representative in order to register.
You are fully responsible for all activities carried out within the context of your account (including but not limited to your username, signature, avatar, the contents of your messages...) and for any CLAIMS or complaints arising from your account.
You are fully responsible for the choice of your password and for keeping it confidential. Consequently, we recommend that you create a password consisting of a combination of numbers along with uppercase and lowercase letters (you can memorize a password of this kind using a mnemonic phrase, for example: "Hercules first at Digital DJing" becomes "H1staDDJ").
After having validated your registration request, you will receive an email verifying your email address and activating your registration. You must activate your account in order for your registration to become effective. You only become a Member upon activation of your account.
Only one Member account is authorized per email address.
As a Member, you have a personal space in which you can access, modify and correct your personal information relating to your Member account, as well as modify your privacy protection settings. You commit to keeping your personal information up to date and certify that the information relating to your identity (family name and given name) is correct.
In your personal space, you can also modify your password, your avatar and your signature for the forum; you commit to always respect currently applicable legislation and, in particular, an orderly code of conduct as well as good manners and the currently applicable TAC. You will not take over a Username already being used, nor attempt to do so.
In your personal space, you can also delete your Member account. In that case, your personal information will no longer be used (although it will be retained exclusively so that Guillemot can communicate it to the relevant authorities, if required).
You can enter a greeting text for the public (text length of 1000 characters maximum), for example: "Hi everyone! I'm DJ Legal, Resident at the Hercules DJ Mix room...". This text may be viewed by any User, and is therefore not intended to contain personal information (that is to say, you must not enter your age, family name, given name, address, etc.).
Members are able to send personal messages and receive personal messages from other Members, but Members must first be friends before being able to exchange messages. Before sending a message, a "friend request" must be made.
If you no longer wish to receive new messages from a Member, you can simply delete the Member in question from your list of friends.
You commit to using the message service in accordance with national and international regulations, and in particular you commit not to use it:
You acknowledge and accept that Guillemot may impose limits deemed useful for use of the message service. Thus, Guillemot may decide in particular to set a maximum number of messages which may be sent or received, or set the frequency of messages which may be sent within a certain period of time.
Guillemot will not be held responsible for the consequences of the filling up of your message inbox to its limit, nor of any errors in using the deletion tool. It is the Member's responsibility to judiciously view and delete messages sent to him or herself.
When a Member account has not been logged into for the duration of one year, the Member's message service is considered to be inactive and Guillemot reserves the right to automatically delete its contents.
Guillemot commits to respect its legal obligations in terms of the privacy of correspondence.
Members are able to send comments to other Members. The member who has received the comment may then choose to make the comment public or refuse to make the comment public.
You commit to using comments in accordance with national and international regulations, and in particular you commit not to use them:
You acknowledge and accept that Guillemot may impose limits deemed useful for the use of comments. Thus, Guillemot may decide in particular to set a maximum number of comments which may be sent or received, or set the frequency of comments which may be sent within a certain period of time.
When a Member account has not been logged into for the duration of one year, Guillemot may automatically delete the comments received by the Member.
You acknowledge and accept that Guillemot and the moderators of the Website have the right to remove any comment at any time, without warning and without prior notice to you, at their sole discretion. You acknowledge and accept that Guillemot may also suspend or delete your Member account at any time, without warning and without prior notice to you, and may prohibit the creation of a new Member account.
6. FORUM AND BLOG
Guillemot reserves the right to moderate and/or have the Website's forum and blog moderated a posteriori. If a message (or the avatar or signature associated with a message) appears to violate the TAC or applicable legislation, whether you are a User or a Member, we ask that you flag the message in question by using the "Flag this post" link corresponding to the message and, if possible, explain why you have a flagged it (that is to say, specify the problem).
Users who do not have Member status may not participate in the forum and may not post messages on the blog, although they may view the forum and the blog.
All Users, whether or not they have Member status, acknowledge and accept that (1) in the forum as well as on the blog, Guillemot is not responsible for the contents of messages posted (including the avatars and signatures associated with messages); and (2) Guillemot in no way certifies and will not be held responsible for the accuracy of the messages posted, their usefulness, and whether or not they are complete or incomplete. Guillemot draws your attention to the fact that messages express the opinion of their author (opinions which may differ from those of Guillemot).
Participation in the forum requires that you be a Member (to become a Member, you must carry out the procedure described above). You may ask for help but you may also help others, as communications in the forum travel in both directions.
Only Members may post messages on the blog.
You may, at any time, contact us via the "Contact Webmaster" link to ask us to delete your messages posted in the forum or on the blog. A Member may delete the last message he or she has posted in each discussion topic in the forum up to 8 days from the date on which the message was posted (this is not possible on the blog).
Conditions of use of the forum and the blog
To allow for moderation of the forum, only the following languages may be used: French, English.
To allow for moderation of the blog, only the following language may be used: English.
The forum on the Website is reserved for subjects relating to the following themes: mixing consoles, mixing (DJing) software and, more generally, mixing by DJs. You agree to respect the themes in the forum.
You agree to only post messages and comments on the blog.
Both in the forum and on the blog, you must ensure that the contents of your message corresponds to the theme in which you post the message. You must also be sure to avoid posting off-topic responses.
You accept that Guillemot may move, edit, delete or lock any message, theme or subject of discussion. For example, Guillemot may be compelled to split up large subjects of discussion, or themes.
You freely grant Guillemot authorization to reproduce, present and adapt (in particular by way of translation, extracts), worldwide, via any media and, for the legal duration of the protection of copyrights, each of your messages posted in the forum end each of your messages posted on the blog.
You acknowledge and accept that messages posted in the forum (including avatars and signatures associated with messages) are solely the responsibility of their author and in no way reflect the opinions or advice of Guillemot.
You acknowledge and accept that messages posted on the blog (including avatars and signatures associated with messages) are solely the responsibility of their author and in no way reflect the opinions or advice of Guillemot.
You commit to respect these TAC and applicable laws. Consequently, you commit - although this list is non-exhaustive - not to make racist remarks, not to defame, insult, or mislead anyone, or violate anyone's rights. In particular, you must respect intellectual property rights (particularly copyrights). You must respect the right of others to protect their privacy.
A forum is a space reserved for public communications, and in the same way, a blog is made available to the public via the Internet. Therefore, you commit not to post any items of information relating to anyone else's private life or their personal information (email address, telephone number, etc.). Likewise, you may not post your own personal details or information; should you do so, you do so at your own risk. However, you may indicate the address of your website, blog and so on, so long as each element you indicate is in compliance with the rules of proper conduct set out below and applicable legislation. Guillemot and the moderators of the Website reserve the right to delete any link, website address, blog address and so on, at their sole discretion and without prior notice.
Furthermore, you must respect all of the rules of proper conduct set out below:
You guarantee Guillemot against any complaints, damages, CLAIMS or any action by any third party intended against Guillemot stemming from your member account.
You acknowledge and accept that Guillemot and the moderators of the Website have the right to remove any message at any time, without prior notice and without having informed the author. You acknowledge and accept that Guillemot may also suspend or delete your Member account at any time, without prior notice and without having informed you, and may prohibit any creation of a new Member account.
Only Members may be subject to candidacy for sponsorship (in order to become a Member, you must comply with the procedure described above).
Within the context of this candidacy, you must submit to Guillemot the elements allowing it to evaluate your endeavor as well as your musical project.
To propose his or her candidacy for sponsorship, the Member must complete a candidacy form, indicating the links to his or her website or blog or to his or her spaces on the Internet and explaining his or her musical project and motivation for candidacy. Finally, the Member must validate his or her candidacy by clicking "VALIDATE".
By clicking "VALIDATE", the Member becomes a candidate for sponsorship ("Candidate").
The Candidate guarantees to Guillemot that each link he or she has entered in the candidacy form for sponsorship points to a space for which he or she is responsible, and that he or she is the sole author of the elements displayed on these spaces.
The Candidate freely authorizes Guillemot to display on the Website one or more links to his or her spaces on the Internet (links to "MySpace", his or her "online mixes") or to his or her website or blog for the entire duration of the Website's existence.
Guillemot will evaluate candidates for sponsorship on a case-by-case basis. Guillemot reserves the right, although this is not an obligation for Guillemot, to display on the Website the elements provided by the Candidate for the appreciation of Users.
Guillemot will carry out a pre-selection among the Candidates and Guillemot will contact the pre-selected candidates by email for more information. If the Candidate is then selected by Guillemot, he or she will be contacted again with a proposal for a sponsorship contract. Guillemot will carry out its pre-selections and will make its choices among the Candidates at its sole discretion. The Candidates not selected by Guillemot may reformulate their request of candidacy for sponsorship at a later date, when they feel that their musical project has changed, and submit the new elements for consideration.
THIS WEBSITE AND ITS CONTENTS (INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF THE FORUM AND THE CONTENTS OF THE BLOG) ARE PROVIDED "AS IS" AND WITHOUT ANY OTHER RESPONSIBILITY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED (WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). GUILLEMOT, ITS SUBSIDIARIES AND THE MODERATORS OF THE WEBSITE DISCLAIM ALL RESPONSIBILITY AND ALL GUARANTEES INCLUDING, BUT NOT LIMITED TO, USER SATISFACTION, THE QUALITY OF THE WEBSITE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Guillemot does not carry out any controls regarding what is put online or shared by members on the website (including but not limited to on the blog, in the forum and In their profiles). Consequently, anything put online or shared remains the sole responsibility of its author.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE MODERATORS OF THE WEBSITE, NOR GUILLEMOT, NOR ITS SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE, SPACES, MATERIALS AND/OR FUNCTIONALITIES OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF GUILLEMOT OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND/OR SUCH LOSS OR DAMAGE WERE REASONABLY FORESEEABLE.
YOU AGREE TO DEFEND, ABSOLVE OF ANY RESPONSIBILITY AND INDEMNIFY GUILLEMOT AND ITS SUBSIDIARIES, ITS SUPPLIERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED PARTIES (THE "INDEMNIFIED PARTIES") AGAINST ANY AND ALL EXPENSES AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR YOUR BREACHING OF THE TAC ON YOUR OWN INITIATIVE. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
11. PERSONAL INFORMATION PRIVACY
12. UNSOLICITED COMMUNICATIONS POLICY
Please do not communicate any unsolicited ideas, suggestions or other elements which are protected or which may be protected by an intellectual property right to Guillemot or to the Website. Guillemot does not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, marketing plans, promotions, the creation or improvement of new goods, products, services or technologies, processes, names, samples, demos, images, photographs, pictures (referred to hereinafter individually as a "Communication" and collectively as the "Communications"). The purpose of this policy is to avoid potential misunderstandings or disputes.
14. THIRD PARTY SITES
The Website may include advertisements for, and links to, other Internet sites or resources and businesses operated or controlled by third parties (collectively "Third Party Sites"). Third Party Sites are independent of Guillemot, and Guillemot has no commitment to or involvement with Third Party Sites, their activities, goods, services, contents, links, webcasting or any other form of transmission, changes or updates to such sites. Links to Third Party Sites are provided solely for your convenience and the inclusion of any link or advertising does not imply any endorsement on the part of Guillemot. Your use of Third Party Sites and your dealings with the owners or operators of Third Party Sites is at your own risk, and you shall not make any claim against Guillemot arising from your use of any Third Party Sites, or your dealings with the owners or operators of any Third Party Sites.
15. LINKING, FRAMING AND MIRRORING THE WEBSITE
Links to the Website without the prior express written consent of Guillemot are strictly prohibited. Guillemot reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any prior notice, and without any liability to you or any other third party. The framing of the Website or any of its contents in any form and by any method is strictly prohibited. The mirroring of the Website or any of its contents in any form and by any method is strictly prohibited.
16. GOVERNING LAW
Guillemot and its subsidiaries exclude all representations and guarantees that the Materials and/or documents, functionalities or advantages offered on the Website are available for use in other countries, or that they comply with any legal or regulatory requirements of these other countries. Those who choose to access this Website do so at their own risk and on their own initiative and are responsible for compliance with applicable local laws.
Guillemot reserves the right to make translations of the TAC available. In the event of a discrepancy between the TAC in French and the translated text of the TAC, the French version will prevail over all other versions.
If any court of competent jurisdiction finds any of the clauses of the TAC to be void or non-applicable for any reason, then such clause(s) shall be ineffective to the extent of the court's findings without affecting the validity and enforceability of the remaining clauses.
Thank you for reading these Terms and Conditions.